N.Y. Penal Law § 60.01: Authorized dispositions; generally

§ 60.01 Authorized dispositions; generally.

1. Applicability. Except as otherwise specified in this article, when

the court imposes sentence upon a person convicted of an offense, the

court must impose a sentence prescribed by this section.

2. Revocable dispositions.

(a) The court may impose a revocable sentence as herein specified:

(i) the court, where authorized by article sixty-five, may sentence a

person to a period of probation or to a period of conditional discharge

as provided in that article; or

(ii) the court, where authorized by article eighty-five, may sentence

a person to a term of intermittent imprisonment as provided in that

article.

(b) A revocable sentence shall be deemed a tentative one to the extent

that it may be altered or revoked in accordance with the provisions of

the article under which it was imposed, but for all other purposes shall

be deemed to be a final judgment of conviction.

(c) In any case where the court imposes a sentence of probation,

conditional discharge, or a sentence of intermittent imprisonment, it

may also impose a fine authorized by article eighty.

(d) In any case where the court imposes a sentence of imprisonment not

in excess of sixty days, for a misdemeanor or not in excess of six

months for a felony or in the case of a sentence of intermittent

imprisonment not in excess of four months, it may also impose a sentence

of probation or conditional discharge provided that the term of

probation or conditional discharge together with the term of

imprisonment shall not exceed the term of probation or conditional

discharge authorized by article sixty-five of this chapter. The sentence

of imprisonment shall be a condition of and run concurrently with the

sentence of probation or conditional discharge.

3. Other dispositions. When a person is not sentenced as specified in

subdivision two, or when a sentence specified in subdivision two is

revoked, the sentence of the court must be as follows:

(a) A term of imprisonment; or

(b) A fine authorized by article eighty, provided, however, that when

the conviction is of a class B felony or of any felony defined in

article two hundred twenty, the sentence shall not consist solely of a

fine; or

(c) Both imprisonment and a fine; or

(d) Where authorized by section 65.20, unconditional discharge as

provided in that section; or

(e) Following revocation of a sentence of conditional discharge

imposed pursuant to section 65.05 of this chapter or paragraph (d) of

subdivision two of this section, probation as provided in section 65.00

of this chapter or to the sentence of imprisonment and probation as

provided for in paragraph (d) of subdivision two of this section.

4. In any case where a person has been sentenced to a period of

probation imposed pursuant to section 65.00 of this chapter, if the part

of the sentence that provides for probation is revoked, the court must

sentence such person to imprisonment or to the sentence of imprisonment

and probation as provided for in paragraph (d) of subdivision two of

this section.