N.Y. Penal Law § 70.15: Sentences of imprisonment for misdemeanors and violation

§ 70.15 Sentences of imprisonment for misdemeanors and violation.

1. Class A misdemeanor. A sentence of imprisonment for a class A

misdemeanor shall be a definite sentence. When such a sentence is

imposed the term shall be fixed by the court, and shall not exceed three

hundred sixty-four days.

1-a. (a) Notwithstanding the provisions of any other law, whenever the

phrase "one year" or "three hundred sixty-five days" or "365 days" or

any similar phrase appears in any provision of this chapter or any other

law in reference to the definite sentence or maximum definite sentence

of imprisonment that is imposed, or has been imposed, or may be imposed

after enactment of this subdivision, for a misdemeanor conviction in

this state, such phrase shall mean, be interpreted and be applied as

three hundred sixty-four days.

(b) The amendatory provisions of this subdivision are ameliorative and

shall apply to all persons who are sentenced before, on or after the

effective date of this subdivision, for a crime committed before, on or

after the effective date of this subdivision.

(c) Any sentence for a misdemeanor conviction imposed prior to the

effective date of this subdivision that is a definite sentence of

imprisonment of one year, or three hundred sixty-five days, shall, by

operation of law, be changed to, mean and be interpreted and applied as

a sentence of three hundred sixty-four days. In addition to any other

right of a person to obtain a record of a proceeding against him or her,

a person so sentenced prior to the effective date of this subdivision

shall be entitled to obtain, from the criminal court or the clerk

thereof, a certificate of conviction, as described in subdivision one of

section 60.60 of the criminal procedure law, setting forth such sentence

as the sentence specified in this paragraph.

(d) Any sentence for a misdemeanor conviction imposed prior to the

effective date of this subdivision that is other than a definite

sentence of imprisonment of one year may be set aside, upon motion of

the defendant under section 440.20 of the criminal procedure law based

on a showing that the judgment and sentence under the law in effect at

the time of conviction imposed prior to the effective date of this

subdivision is likely to result in collateral consequences, in order to

permit the court to resentence the defendant in accordance with the

amendatory provisions of this subdivision.

(e) Resentence by operation of law is without prejudice to an

individual seeking further relief pursuant to paragraph (j) of

subdivision one of section 440.10 of the criminal procedure law. Nothing

in this section is intended to diminish or abrogate any rights or

remedies otherwise available to the individual.

2. Class B misdemeanor. A sentence of imprisonment for a class B

misdemeanor shall be a definite sentence. When such a sentence is

imposed the term shall be fixed by the court, and shall not exceed three

months.

3. Unclassified misdemeanor. A sentence of imprisonment for an

unclassified misdemeanor shall be a definite sentence. When such a

sentence is imposed the term shall be fixed by the court, and shall be

in accordance with the sentence specified in the law or ordinance that

defines the crime but, in any event, it shall not exceed three hundred

sixty-four days.

4. Violation. A sentence of imprisonment for a violation shall be a

definite sentence. When such a sentence is imposed the term shall be

fixed by the court, and shall not exceed fifteen days.

In the case of a violation defined outside this chapter, if the

sentence is expressly specified in the law or ordinance that defines the

offense and consists solely of a fine, no term of imprisonment shall be

imposed.