N.Y. Penal Law § 55.10: Designation of offenses

§ 55.10 Designation of offenses.

1. Felonies.

(a) The particular classification or subclassification of each felony

defined in this chapter is expressly designated in the section or

article defining it.

(b) Any offense defined outside this chapter which is declared by law

to be a felony without specification of the classification thereof, or

for which a law outside this chapter provides a sentence to a term of

imprisonment in excess of one year, shall be deemed a class E felony.

2. Misdemeanors.

(a) Each misdemeanor defined in this chapter is either a class A

misdemeanor or a class B misdemeanor, as expressly designated in the

section or article defining it.

(b) Any offense defined outside this chapter which is declared by law

to be a misdemeanor without specification of the classification thereof

or of the sentence therefor shall be deemed a class A misdemeanor.

(c) Except as provided in paragraph (b) of subdivision three, where an

offense is defined outside this chapter and a sentence to a term of

imprisonment in excess of fifteen days but not in excess of one year is

provided in the law or ordinance defining it, such offense shall be

deemed an unclassified misdemeanor.

3. Violations. Every violation defined in this chapter is expressly

designated as such. Any offense defined outside this chapter which is

not expressly designated a violation shall be deemed a violation if:

(a) Notwithstanding any other designation specified in the law or

ordinance defining it, a sentence to a term of imprisonment which is not

in excess of fifteen days is provided therein, or the only sentence

provided therein is a fine; or

(b) A sentence to a term of imprisonment in excess of fifteen days is

provided for such offense in a law or ordinance enacted prior to the

effective date of this chapter but the offense was not a crime prior to

that date.

4. Traffic infraction. Notwithstanding any other provision of this

section, an offense which is defined as a "traffic infraction" shall not

be deemed a violation or a misdemeanor by virtue of the sentence

prescribed therefor.