N.Y. PEN Law § 70.15 — New York Code / Act PEN / Part 2 / Title E / Article 70 / Section 70.15
Sentences of imprisonment for misdemeanors and violation
Status: in_force

§ 70.15 Sentences of imprisonment for misdemeanors and violation.\n  1. Class A misdemeanor. A sentence of imprisonment for a class A\nmisdemeanor shall be a definite sentence. When such a sentence is\nimposed the term shall be fixed by the court, and shall not exceed three\nhundred sixty-four days.\n  1-a. (a) Notwithstanding the provisions of any other law, whenever the\nphrase "one year" or "three hundred sixty-five days" or "365 days" or\nany similar phrase appears in any provision of this chapter or any other\nlaw in reference to the definite sentence or maximum definite sentence\nof imprisonment that is imposed, or has been imposed, or may be imposed\nafter enactment of this subdivision, for a misdemeanor conviction in\nthis state, such phrase shall mean, be interpreted and be applied as\nthree hundred sixty-four days.\n  (b) The amendatory provisions of this subdivision are ameliorative and\nshall apply to all persons who are sentenced before, on or after the\neffective date of this subdivision, for a crime committed before, on or\nafter the effective date of this subdivision.\n  (c) Any sentence for a misdemeanor conviction imposed prior to the\neffective date of this subdivision that is a definite sentence of\nimprisonment of one year, or three hundred sixty-five days, shall, by\noperation of law, be changed to, mean and be interpreted and applied as\na sentence of three hundred sixty-four days. In addition to any other\nright of a person to obtain a record of a proceeding against him or her,\na person so sentenced prior to the effective date of this subdivision\nshall be entitled to obtain, from the criminal court or the clerk\nthereof, a certificate of conviction, as described in subdivision one of\nsection 60.60 of the criminal procedure law, setting forth such sentence\nas the sentence specified in this paragraph.\n  (d) Any sentence for a misdemeanor conviction imposed prior to the\neffective date of this subdivision that is other than a definite\nsentence of imprisonment of one year may be set aside, upon motion of\nthe defendant under section 440.20 of the criminal procedure law based\non a showing that the judgment and sentence under the law in effect at\nthe time of conviction imposed prior to the effective date of this\nsubdivision is likely to result in collateral consequences, in order to\npermit the court to resentence the defendant in accordance with the\namendatory provisions of this subdivision.\n  (e) Resentence by operation of law is without prejudice to an\nindividual seeking further relief pursuant to paragraph (j) of\nsubdivision one of section 440.10 of the criminal procedure law. Nothing\nin this section is intended to diminish or abrogate any rights or\nremedies otherwise available to the individual.\n  2. Class B misdemeanor. A sentence of imprisonment for a class B\nmisdemeanor shall be a definite sentence. When such a sentence is\nimposed the term shall be fixed by the court, and shall not exceed three\nmonths.\n  3. Unclassified misdemeanor. A sentence of imprisonment for an\nunclassified misdemeanor shall be a definite sentence. When such a\nsentence is imposed the term shall be fixed by the court, and shall be\nin accordance with the sentence specified in the law or ordinance that\ndefines the crime but, in any event, it shall not exceed three hundred\nsixty-four days.\n  4. Violation. A sentence of imprisonment for a violation shall be a\ndefinite sentence. When such a sentence is imposed the term shall be\nfixed by the court, and shall not exceed fifteen days.\n  In the case of a violation defined outside this chapter, if the\nsentence is expressly specified in the law or ordinance that defines the\noffense and consists solely of a fine, no term of imprisonment shall be\nimposed.\n