N.Y. Penal Law § 80.00: Fine for felony

§ 80.00 Fine for felony.

1. A sentence to pay a fine for a felony shall be a sentence to pay an

amount, fixed by the court, not exceeding the higher of

a. five thousand dollars; or

b. double the amount of the defendant's gain from the commission of

the crime or, if the defendant is convicted of a crime defined in

article four hundred ninety-six of this chapter, any higher amount not

exceeding three times the amount of the defendant's gain from the

commission of such offense; or

c. if the conviction is for any felony defined in article two hundred

twenty or two hundred twenty-one of this chapter, according to the

following schedule:

(i) for A-I felonies, one hundred thousand dollars;

(ii) for A-II felonies, fifty thousand dollars;

(iii) for B felonies, thirty thousand dollars;

(iv) for C felonies, fifteen thousand dollars.

When imposing a fine pursuant to the provisions of this paragraph, the

court shall consider the profit gained by defendant's conduct, whether

the amount of the fine is disproportionate to the conduct in which

defendant engaged, its impact on any victims, and defendant's economic

circumstances, including the defendant's ability to pay, the effect of

the fine upon his or her immediate family or any other persons to whom

the defendant owes an obligation of support.

2. As used in this section the term "gain" means the amount of money

or the value of property derived from the commission of the crime, less

the amount of money or the value of property returned to the victim of

the crime or seized by or surrendered to lawful authority prior to the

time sentence is imposed.

3. When the court imposes a fine for a felony pursuant to paragraph b

of subdivision one of this section, the court shall make a finding as to

the amount of the defendant's gain from the crime. If the record does

not contain sufficient evidence to support such a finding or to permit

adequate consideration of the matters specified in paragraph c of

subdivision one of this section, the court may conduct a hearing upon

such issues.

4. Exception. The provisions of this section shall not apply to a

corporation.

5. All moneys in excess of five thousand dollars received or collected

in payment of a fine imposed pursuant to paragraph c of subdivision one

of this section are the property of the state and the state comptroller

shall deposit all such fines to the rehabilitative alcohol and substance

treatment fund established pursuant to section ninety-seven-cc of the

state finance law.

6. Notwithstanding any inconsistent provision of subdivision one of

this section a sentence to pay a fine for a felony set forth in the

vehicle and traffic law shall be a sentence to pay an amount fixed by

the court in accordance with the provisions of the law that defines the

crime.

7. When the court imposes a fine pursuant to section 145.22 or 145.23

of this chapter, the court shall direct that no less than ten percent of

such fine be credited to the state cemetery vandalism restoration and

administration fund created pursuant to section ninety-seven-r of the

state finance law.