N.Y. Penal Law § 70.25: Concurrent and consecutive terms of imprisonment

§ 70.25 Concurrent and consecutive terms of imprisonment.

1. Except as provided in subdivisions two, two-a and five of this

section, when multiple sentences of imprisonment are imposed on a person

at the same time, or when a person who is subject to any undischarged

term of imprisonment imposed at a previous time by a court of this state

is sentenced to an additional term of imprisonment, the sentence or

sentences imposed by the court shall run either concurrently or

consecutively with respect to each other and the undischarged term or

terms in such manner as the court directs at the time of sentence. If

the court does not specify the manner in which a sentence imposed by it

is to run, the sentence shall run as follows:

* (a) An indeterminate or determinate sentence shall run concurrently

with all other terms; and

* NB Effective until September 1, 2027

* (a) An indeterminate sentence shall run concurrently with all other

terms; and

* NB Effective September 1, 2027

(b) A definite sentence shall run concurrently with any sentence

imposed at the same time and shall be consecutive to any other term.

2. When more than one sentence of imprisonment is imposed on a person

for two or more offenses committed through a single act or omission, or

through an act or omission which in itself constituted one of the

offenses and also was a material element of the other, the sentences,

except if one or more of such sentences is for a violation of section

270.20 of this chapter, must run concurrently.

* 2-a. When an indeterminate or determinate sentence of imprisonment

is imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10,

subdivision three or four of section 70.70, subdivision three or four of

section 70.71 or subdivision five of section 70.80 of this article, or

is imposed for a class A-I felony pursuant to section 70.00 of this

article, and such person is subject to an undischarged indeterminate or

determinate sentence of imprisonment imposed prior to the date on which

the present crime was committed, the court must impose a sentence to run

consecutively with respect to such undischarged sentence.

* NB Effective until September 1, 2027

* 2-a. When an indeterminate or determinate sentence of imprisonment

is imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10,

subdivision three or four of section 70.70, subdivision three or four of

section 70.71 or subdivision five of section 70.80 of this article, or

is imposed for a class A-I felony pursuant to section 70.00 of this

article, and such person is subject to an undischarged indeterminate

sentence of imprisonment imposed prior to the date on which the present

crime was committed, the court must impose a sentence to run

consecutively with respect to such undischarged sentence.

* NB Effective September 1, 2027

* 2-b. When a person is convicted of a violent felony offense

committed after arraignment and while released on recognizance or bail,

but committed prior to the imposition of sentence on a pending felony

charge, and if an indeterminate or determinate sentence of imprisonment

is imposed in each case, such sentences shall run consecutively.

Provided, however, that the court may, in the interest of justice, order

a sentence to run concurrently in a situation where consecutive

sentences are required by this subdivision if it finds either mitigating

circumstances that bear directly upon the manner in which the crime was

committed or, where the defendant was not the sole participant in the

crime, the defendant's participation was relatively minor although not

so minor as to constitute a defense to the prosecution. The defendant

and the district attorney shall have an opportunity to present relevant

information to assist the court in making this determination and the

court may, in its discretion, conduct a hearing with respect to any

issue bearing upon such determination. If the court determines that

consecutive sentences should not be ordered, it shall make a statement

on the record of the facts and circumstances upon which such

determination is based.

* NB Effective until September 1, 2027

* 2-b. When a person is convicted of a violent felony offense

committed after arraignment and while released on recognizance or bail,

but committed prior to the imposition of sentence on a pending felony

charge, and if an indeterminate sentence of imprisonment is imposed in

each case, such sentences shall run consecutively. Provided, however,

that the court may, in the interest of justice, order a sentence to run

concurrently in a situation where consecutive sentences are required by

this subdivision if it finds either mitigating circumstances that bear

directly upon the manner in which the crime was committed or, where the

defendant was not the sole participant in the crime, the defendant's

participation was relatively minor although not so minor as to

constitute a defense to the prosecution. The defendant and the district

attorney shall have an opportunity to present relevant information to

assist the court in making this determination and the court may, in its

discretion, conduct a hearing with respect to any issue bearing upon

such determination. If the court determines that consecutive sentences

should not be ordered, it shall make a statement on the record of the

facts and circumstances upon which such determination is based.

* NB Effective September 1, 2027

2-c. When a person is convicted of bail jumping in the second degree

as defined in section 215.56 or bail jumping in the first degree as

defined in section 215.57 committed after arraignment and while released

on recognizance or bail in connection with a pending indictment or

information charging one or more felonies, at least one of which he is

subsequently convicted, and if an indeterminate sentence of imprisonment

is imposed in each case, such sentences shall run consecutively.

Provided, however, that the court may, in the interest of justice, order

a sentence to run concurrently in a situation where consecutive

sentences are required by this subdivision if it finds mitigating

circumstances that bear directly upon the manner in which the crime was

committed. The defendant and the district attorney shall have an

opportunity to present relevant information to assist the court in

making this determination and the court may, in its discretion, conduct

a hearing with respect to any issue bearing upon such determination. If

the court determines that consecutive sentences should not be ordered,

it shall make a statement on the record of the facts and circumstances

upon which such determination is based.

2-d. When a person is convicted of escape in the second degree as

defined in section 205.10 or escape in the first degree as defined in

section 205.15 committed after issuance of a securing order, as defined

in subdivision five of section 500.10 of the criminal procedure law, in

connection with a pending indictment or information charging one or more

felonies, at least one of which he is subsequently convicted, and if an

indeterminate sentence of imprisonment is imposed in each case, such

sentences shall run consecutively. Provided, however, that the court

may, in the interest of justice, order a sentence to run concurrently in

a situation where consecutive sentences are required by this subdivision

if it finds mitigating circumstances that bear directly upon the manner

in which the crime was committed. The defendant and the district

attorney shall have an opportunity to present relevant information to

assist the court in making this determination and the court may, in its

discretion, conduct a hearing with respect to any issue bearing upon

such determination. If the court determines that consecutive sentences

should not be ordered, it shall make a statement on the record of the

facts and circumstances upon which such determination is based.

2-e. Whenever a person is convicted of course of sexual conduct

against a child in the first degree as defined in section 130.75 or

course of sexual conduct against a child in the second degree as defined

in section 130.80 and any other crime under article one hundred thirty

committed against the same child and within the period charged under

section 130.75 or 130.80, the sentences must run concurrently.

2-f. Whenever a person is convicted of facilitating a sex offense with

a controlled substance as defined in section 130.90 of this chapter, the

sentence imposed by the court for such offense may be ordered to run

consecutively to any sentence imposed upon conviction of an offense

defined in article one hundred thirty of this chapter arising from the

same criminal transaction.

2-g. Whenever a person is convicted of unlawful manufacture of

methamphetamine in the third degree as defined in section 220.73 of this

chapter, unlawful manufacture of methamphetamine in the second degree as

defined in section 220.74 of this chapter, or unlawful manufacture of

methamphetamine in the first degree as defined in section 220.75 of this

chapter, or any attempt to commit any of such offenses, and such person

is also convicted, with respect to such unlawful methamphetamine

laboratory, of unlawful disposal of methamphetamine laboratory material

as defined in section 220.76 of this chapter, the sentences must run

concurrently.

3. Where consecutive definite sentences of imprisonment are not

prohibited by subdivision two of this section and are imposed on a

person for offenses which were committed as parts of a single incident

or transaction, the aggregate of the terms of such sentences shall not

exceed one year.

4. When a person, who is subject to any undischarged term of

imprisonment imposed at a previous time by a court of another

jurisdiction, is sentenced to an additional term or terms of

imprisonment by a court of this state, the sentence or sentences imposed

by the court of this state, subject to the provisions of subdivisions

one, two and three of this section, shall run either concurrently or

consecutively with respect to such undischarged term in such manner as

the court directs at the time of sentence. If the court of this state

does not specify the manner in which a sentence imposed by it is to run,

the sentence or sentences shall run consecutively.

5. * (a) Except as provided in paragraph (c) of this subdivision, when

a person is convicted of assault in the second degree, as defined in

subdivision seven of section 120.05 of this chapter, any definite,

indeterminate or determinate term of imprisonment which may be imposed

as a sentence upon such conviction shall run consecutively to any

undischarged term of imprisonment to which the defendant was subject and

for which he was confined at the time of the assault.

* NB Effective until September 1, 2027

* (a) Except as provided in paragraph (c) of this subdivision, when a

person is convicted of assault in the second degree, as defined in

subdivision seven of section 120.05 of this chapter, any definite or

indeterminate term of imprisonment which may be imposed as a sentence

upon such conviction shall run consecutively to any undischarged term of

imprisonment to which the defendant was subject and for which he was

confined at the time of the assault.

* NB Effective September 1, 2027

* (b) Except as provided in paragraph (c) of this subdivision, when a

person is convicted of assault in the second degree, as defined in

subdivision seven of section 120.05 of this chapter, any definite,

indeterminate or determinate term of imprisonment which may be imposed

as a sentence upon such conviction shall run consecutively to any term

of imprisonment which was previously imposed or which may be

prospectively imposed where the person was confined within a detention

facility at the time of the assault upon a charge which culminated in

such sentence of imprisonment.

* NB Effective until September 1, 2027

* (b) Except as provided in paragraph (c) of this subdivision, when a

person is convicted of assault in the second degree, as defined in

subdivision seven of section 120.05 of this chapter, any definite or

indeterminate term of imprisonment which may be imposed as a sentence

upon such conviction shall run consecutively to any term of imprisonment

which was previously imposed or which may be prospectively imposed where

the person was confined within a detention facility at the time of the

assault upon a charge which culminated in such sentence of imprisonment.

* NB Effective September 1, 2027

(c) Notwithstanding the provisions of paragraphs (a) and (b) of this

subdivision, a term of imprisonment imposed upon a conviction to assault

in the second degree as defined in subdivision seven of section 120.05

of this chapter may run concurrently to any other term of imprisonment,

in the interest of justice, provided the court sets forth in the record

its reasons for imposing a concurrent sentence. Nothing in this section

shall require the imposition of a sentence of imprisonment where it is

not otherwise required by law.