N.Y. Penal Law § 60.05: Authorized dispositions; other class A, B, certain C and D felonies and multiple felony offenders

§ 60.05 Authorized dispositions; other class A, B, certain C and D

felonies and multiple felony offenders.

1. Applicability. Except as provided in section 60.04 of this article

governing the authorized dispositions applicable to felony offenses

defined in article two hundred twenty or two hundred twenty-one of this

chapter or in section 60.13 of this article governing the authorized

dispositions applicable to felony sex offenses defined in paragraph (a)

of subdivision one of section 70.80 of this title, this section shall

govern the dispositions authorized when a person is to be sentenced upon

a conviction of a class A felony, a class B felony or a class C, class D

or class E felony specified herein, or when a person is to be sentenced

upon a conviction of a felony as a multiple felony offender.

2. Class A felony. Except as provided in subdivisions three and four

of section 70.06 of this chapter, every person convicted of a class A

felony must be sentenced to imprisonment in accordance with section

70.00 of this title, unless such person is convicted of murder in the

first degree and is sentenced in accordance with section 60.06 of this

article.

3. Class B felony. Except as provided in subdivision six of this

section, every person convicted of a class B violent felony offense as

defined in subdivision one of section 70.02 of this title, must be

sentenced to imprisonment in accordance with such section 70.02; and,

except as provided in subdivision six of this section, every person

convicted of any other class B felony must be sentenced to imprisonment

in accordance with section 70.00 of this title.

4. Certain class C felonies. Except as provided in subdivision six,

every person convicted of a class C violent felony offense as defined in

subdivision one of section 70.02 of this title, must be sentenced to

imprisonment in accordance with section 70.02 of this title; and, except

as provided in subdivision six of this section, every person convicted

of the class C felonies of: attempt to commit any of the class B

felonies of bribery in the first degree as defined in section 200.04,

bribe receiving in the first degree as defined in section 200.12,

conspiracy in the second degree as defined in section 105.15 and

criminal mischief in the first degree as defined in section 145.12;

criminal usury in the first degree as defined in section 190.42,

rewarding official misconduct in the first degree as defined in section

200.22, receiving reward for official misconduct in the first degree as

defined in section 200.27, attempt to promote prostitution in the first

degree as defined in section 230.32, promoting prostitution in the

second degree as defined in section 230.30, arson in the third degree as

defined in section 150.10 of this chapter, must be sentenced to

imprisonment in accordance with section 70.00 of this title.

5. Certain class D felonies. Except as provided in subdivision six of

this section, every person convicted of the class D felonies of assault

in the second degree as defined in section 120.05, strangulation in the

second degree as defined in section 121.12 or attempt to commit a class

C felony as defined in section 230.30 of this chapter, must be sentenced

in accordance with section 70.00 or 85.00 of this title.

6. Multiple felony offender. When the court imposes sentence upon a

second violent felony offender, as defined in section 70.04, or a second

felony offender, as defined in section 70.06, the court must impose a

sentence of imprisonment in accordance with section 70.04 or 70.06, as

the case may be, unless it imposes a sentence of imprisonment in

accordance with section 70.08 or 70.10.

7. Fines. Where the court imposes a sentence of imprisonment in

accordance with this section, the court also may impose a fine

authorized by article eighty and in such case the sentence shall be both

imprisonment and a fine.

8. Shock incarceration participation. (a) When the court imposes a

determinate sentence of imprisonment pursuant to subdivision three of

section 70.02 of this chapter or subdivision six of section 70.06 of

this chapter upon a person who stands convicted either of burglary in

the second degree as defined in subdivision two of section 140.25 of

this chapter or robbery in the second degree as defined in subdivision

one of section 160.10 of this chapter, or an attempt thereof, upon

motion of the defendant, the court may issue an order directing that the

department of corrections and community supervision enroll the defendant

in the shock incarceration program as defined in article twenty-six-A of

the correction law, provided that the defendant is an eligible

incarcerated individual, as described in subdivision one of section

eight hundred sixty-five of the correction law. Notwithstanding the

foregoing provisions of this subdivision, any defendant to be enrolled

in such program pursuant to this subdivision shall be governed by the

same rules and regulations promulgated by the department of corrections

and community supervision, including without limitation those rules and

regulations establishing requirements for completion and such rules and

regulations governing discipline and removal from the program.

(b) Paragraph b of subdivision seven of section 60.04 of this article

shall apply in the event an incarcerated individual designated by court

order for enrollment in the shock incarceration program requires a

degree of medical care or mental health care that cannot be provided at

a shock incarceration facility.