N.Y. Penal Law § 485.10: Sentencing

§ 485.10 Sentencing.

1. When a person is convicted of a hate crime pursuant to this

article, and the specified offense is a violent felony offense, as

defined in section 70.02 of this chapter, the hate crime shall be deemed

a violent felony offense.

2. When a person is convicted of a hate crime pursuant to this article

and the specified offense is a misdemeanor or a class C, D or E felony,

the hate crime shall be deemed to be one category higher than the

specified offense the defendant committed, or one category higher than

the offense level applicable to the defendant's conviction for an

attempt or conspiracy to commit a specified offense, whichever is

applicable.

3. Notwithstanding any other provision of law, when a person is

convicted of a hate crime pursuant to this article and the specified

offense is a class B felony:

(a) the maximum term of the indeterminate sentence must be at least

six years if the defendant is sentenced pursuant to section 70.00 of

this chapter;

(b) the term of the determinate sentence must be at least eight years

if the defendant is sentenced pursuant to section 70.02 of this chapter;

(c) the term of the determinate sentence must be at least twelve years

if the defendant is sentenced pursuant to section 70.04 of this chapter;

(d) the maximum term of the indeterminate sentence must be at least

four years if the defendant is sentenced pursuant to section 70.05 of

this chapter; and

(e) the maximum term of the indeterminate sentence or the term of the

determinate sentence must be at least ten years if the defendant is

sentenced pursuant to section 70.06 of this chapter.

4. Notwithstanding any other provision of law, when a person is

convicted of a hate crime pursuant to this article and the specified

offense is a class A-1 felony, the minimum period of the indeterminate

sentence shall be not less than twenty years.

5. In addition to any of the dispositions authorized by this chapter,

the court shall require as part of the sentence imposed upon a person

convicted of a hate crime pursuant to this article, that the defendant

complete a program, training session or counseling session directed at

hate crime prevention and education, where the court determines such

program, training session or counseling session is appropriate,

available and was developed or authorized by the court or local agencies

in cooperation with organizations serving the affected community.