N.Y. Judiciary Law § 774: Length of imprisonment and periodic review of proceedings

§ 774. Length of imprisonment and periodic review of proceedings. 1.

Where the misconduct proved consists of an omission to perform an act or

duty, which is yet in the power of the offender to perform, he shall be

imprisoned only until he has performed it, and paid the fine imposed,

but if he shall perform the act or duty required to be performed, he

shall not be imprisoned for the fine imposed more than three months if

the fine is less than five hundred dollars, or more than six months if

the fine is five hundred dollars or more. In such case, the order, and

the warrant of commitment, if one is issued, must specify the act or

duty to be performed, and the sum to be paid. In every other case, where

special provision is not otherwise made by law, the offender may be

imprisoned for a reasonable time, not exceeding six months, and until

the fine, if any, is paid; and the order, and the warrant of commitment,

if any, must specify the amount of the fine, and the duration of the

imprisonment. If the term of imprisonment is not specified in the order,

the offender shall be imprisoned for the fine imposed three months if

the fine is less than five hundred dollars, and six months if the fine

imposed is five hundred dollars or more. If the offender is required to

serve a specified term of imprisonment, and in addition to pay a fine,

he shall not be imprisoned for the nonpayment of such fine for more than

three months if such fine is less than five hundred dollars or more than

six months if the fine imposed is five hundred dollars or more in

addition to the specified time of imprisonment.

2. In all instances where any offender shall have been imprisoned

pursuant to article nineteen of the judiciary law and where the term of

such imprisonment is specified to be an indeterminate period of time or

for a term of more than three months, such offender, if not then

discharged by law from imprisonment, shall within ninety days after the

commencement of such imprisonment be brought, by the sheriff, or other

officer, as a matter of course personally before the court imposing such

imprisonment and a review of the proceedings shall then be held to

determine whether such offender shall be discharged from imprisonment.

At periodic intervals of not more than ninety days following such

review, the offender, if not then discharged by law from imprisonment,

shall be brought, by the sheriff, or other officer, as a matter of

course personally before the court imposing such imprisonment and

further reviews of the proceedings shall then be held to determine

whether such offender shall be discharged from imprisonment. Where such

imprisonment shall have arisen out of or during the course of any action

or proceeding, the clerk of the court before which such review of the

proceedings shall be held, or the judge or justice of such court in case

there be no clerk, shall give reasonable notice in writing of the date,

time and place of each such review to each party or his attorney who

shall have appeared of record in such action or proceeding, at their

last known address.