N.Y. Criminal Procedure Law § 380.30: Time for pronouncing sentence

§ 380.30 Time for pronouncing sentence.

1. In general. Sentence must be pronounced without unreasonable delay.

2. Court to fix time. Upon entering a conviction the court must:

(a) Fix a date for pronouncing sentence; or

(b) Fix a date for one of the pre-sentence proceedings specified in

article four hundred; or

(c) Pronounce sentence on the date the conviction is entered in

accordance with the provisions of subdivision three.

* 2. Court to fix time. Upon entering a conviction the court must:

(a) Fix a date for pronouncing sentence; or

(b) Fix a date for one of the pre-sentence proceedings specified in

article four hundred; or

(c) Issue an order deferring sentencing in accordance with the

provisions of subdivision three of this section; or

(d) Pronounce sentence on the date the conviction is entered in

accordance with the provisions of subdivision three.

* NB Expired March 31, 1994

3. Sentence on date of conviction. The court may sentence the

defendant at the time the conviction is entered if:

(a) A pre-sentence report or a fingerprint report is not required; or

(b) Where any such report is required, the report has been received.

Provided, however, that the court may not pronounce sentence at such

time without inquiring as to whether an adjournment is desired by the

defendant. Where an adjournment is requested, the defendant must state

the purpose thereof and the court may, in its discretion, allow a

reasonable time.

* 3. Deferral of sentencing. The court may defer sentencing of any

offender convicted of a class C, D, or E felony offense under articles

two hundred twenty and two hundred twenty-one of the penal law or any

class D or E felony offense under articles one hundred fifteen, one

hundred forty, one hundred forty-five, one hundred fifty-five, one

hundred sixty-five, one hundred seventy and one hundred ninety of the

penal law, to a specified date no later than twelve months from the

entering of a conviction if:

(a) The defendant stands convicted of his or her first felony offense;

and

(b) Pursuant to a plea agreement or the recommendation contained in

the pre-sentence report the judge is inclined to impose an indeterminate

term of imprisonment; and

(c) The court believes that prompt institutional confinement is not

necessary to preserve the safety and security of society, that the

individual may benefit from the rehabilitative opportunities presented

by the deferral of sentencing, that absent such a rehabilitative

opportunity there is a likelihood that the court would impose an

indeterminate sentence of imprisonment, and that upon satisfactory

completion of the period of deferral the court would be more likely to

impose a sentence other than an indeterminate sentence of imprisonment

under article seventy of the penal law.

In conjunction with a deferral of sentencing the court may require

that the defendant observe specified conditions of conduct and

participate in such rehabilitative programs as the court deems

appropriate. Upon application of the people made at any time during the

period of sentence deferral, or where the court believes that the

defendant may have violated the terms or conditions of the deferral

order, and the court determines that such a violation occurred, the

court may terminate the deferral order and set a date for sentencing.

Nothing contained in this subdivision shall limit the sentencing

options which were available to the court prior to the issuance of an

order pursuant to paragraph (c) of subdivision two of this section.

* NB Expired March 31, 1994

4. Time for pre-sentence proceedings. The court may conduct one or

more of the pre-sentence proceedings specified in article four hundred

at any time before sentence is pronounced. Notice of any such

proceeding issued after the date for pronouncing sentence has been fixed

automatically adjourns the date for pronouncing sentence. In such case

the court must fix a date for pronouncing sentence at the conclusion of

such proceeding.