N.Y. Penal Law § 70.71: Sentence of imprisonment for a class A felony drug offender

§ 70.71 Sentence of imprisonment for a class A felony drug offender.

1. For the purposes of this section, the following terms shall mean:

(a) "Felony drug offender" means a defendant who stands convicted of

any class A felony as defined in article two hundred twenty of this

chapter.

(b) "Second felony drug offender" means a second felony offender as

that term is defined in subdivision one of section 70.06 of this

article, who stands convicted of and is to be sentenced for any class A

felony as defined in article two hundred twenty of this chapter.

(c) "Violent felony offense" shall have the same meaning as that term

is defined in subdivision one of section 70.02 of this article.

2. Sentence of imprisonment for a first felony drug offender.

(a) Applicability. Except as provided in subdivision three, four or

five of this section, this subdivision shall apply to a person convicted

of a class A felony as defined in article two hundred twenty of this

chapter.

(b) Authorized sentence. The court shall impose a determinate term of

imprisonment which shall be imposed by the court in whole or half years

and which shall include as a part thereof a period of post-release

supervision in accordance with section 70.45 of this article. The terms

authorized for such determinate sentences are as follows:

(i) for a class A-I felony, the term shall be at least eight years and

shall not exceed twenty years;

(ii) for a class A-II felony, the term shall be at least three years

and shall not exceed ten years.

(c) Lifetime probation. Notwithstanding any other provision of law,

the court may sentence a defendant convicted of a class A-II felony

defined in article two hundred twenty of this chapter to lifetime

probation in accordance with the provisions of section 65.00 of this

chapter.

3. Sentence of imprisonment for a second felony drug offender.

(a) Applicability. This subdivision shall apply to a second felony

drug offender whose prior felony conviction or convictions did not

include one or more violent felony offenses.

(b) Authorized sentence. When the court has found pursuant to the

provisions of section 400.21 of the criminal procedure law that a

defendant is a second felony drug offender who stands convicted of a

class A felony as defined in article two hundred twenty or two hundred

twenty-one of this chapter, the court shall impose a determinate

sentence of imprisonment. Such determinate sentence shall include as a

part thereof a period of post-release supervision in accordance with

section 70.45 of this article. Such determinate sentence shall be

imposed by the court in whole or half years as follows:

(i) for a class A-I felony, the term shall be at least twelve years

and shall not exceed twenty-four years;

(ii) for a class A-II felony, the term shall be at least six years and

shall not exceed fourteen years.

(c) Lifetime probation. Notwithstanding any other provision of law,

the court may sentence a defendant convicted of a class A-II felony

defined in article two hundred twenty of this chapter to lifetime

probation in accordance with the provisions of section 65.00 of this

chapter.

4. Sentence of imprisonment for a second felony drug offender

previously convicted of a violent felony offense.

(a) Applicability. This subdivision shall apply to a second felony

drug offender whose prior felony conviction was a violent felony.

(b) Authorized sentence. When the court has found pursuant to the

provisions of section 400.21 of the criminal procedure law that a

defendant is a second felony drug offender whose prior felony conviction

was a violent felony, who stands convicted of a class A felony as

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

chapter, the court shall impose a determinate sentence of imprisonment.

Such determinate sentence shall include as a part thereof a period of

post-release supervision in accordance with section 70.45 of this

article. Such determinate sentence shall be imposed by the court in

whole or half years as follows:

(i) for a class A-I felony, the term shall be at least fifteen years

and shall not exceed thirty years;

(ii) for a class A-II felony, the term shall be at least eight years

and shall not exceed seventeen years.

5. Sentence of imprisonment for operating as a major trafficker.

(a) Applicability. This subdivision shall apply to a person convicted

of the class A-I felony of operating as a major trafficker as defined in

section 220.77 of this chapter.

(b) Authorized sentence. Except as provided in paragraph (c) of this

subdivision, the court shall impose an indeterminate term of

imprisonment for an A-I felony, in accordance with the provisions of

section 70.00 of this article.

(c) Alternative determinate sentence. If a defendant stands convicted

of violating section 220.77 of this chapter, and if the court, having

regard to the nature and circumstances of the crime and the history and

character of the defendant, is of the opinion that a sentence of

imprisonment is necessary but that it would be unduly harsh to impose

the indeterminate sentence for a class A-I felony specified under

section 70.00 of this article, the court may instead impose the

determinate sentence of imprisonment authorized by clause (i) of

subparagraph (b) of subdivision two of this section for a class A-I drug

felony; in such case, the reasons for the court's opinion shall be set

forth on the record.