N.Y. PEN Law § 70.25 — New York Code / Act PEN / Part 2 / Title E / Article 70 / Section 70.25
Concurrent and consecutive terms of imprisonment
Status: in_force

§ 70.25 Concurrent and consecutive terms of imprisonment.\n  1. Except as provided in subdivisions two, two-a and five of this\nsection, when multiple sentences of imprisonment are imposed on a person\nat the same time, or when a person who is subject to any undischarged\nterm of imprisonment imposed at a previous time by a court of this state\nis sentenced to an additional term of imprisonment, the sentence or\nsentences imposed by the court shall run either concurrently or\nconsecutively with respect to each other and the undischarged term or\nterms in such manner as the court directs at the time of sentence. If\nthe court does not specify the manner in which a sentence imposed by it\nis to run, the sentence shall run as follows:\n  * (a) An indeterminate or determinate sentence shall run concurrently\nwith all other terms; and\n  * NB Effective until September 1, 2027\n  * (a) An indeterminate sentence shall run concurrently with all other\nterms; and\n  * NB Effective September 1, 2027\n  (b) A definite sentence shall run concurrently with any sentence\nimposed at the same time and shall be consecutive to any other term.\n  2. When more than one sentence of imprisonment is imposed on a person\nfor two or more offenses committed through a single act or omission, or\nthrough an act or omission which in itself constituted one of the\noffenses and also was a material element of the other, the sentences,\nexcept if one or more of such sentences is for a violation of section\n270.20 of this chapter, must run concurrently.\n  * 2-a. When an indeterminate or determinate sentence of imprisonment\nis imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10,\nsubdivision three or four of section 70.70, subdivision three or four of\nsection 70.71 or subdivision five of section 70.80 of this article, or\nis imposed for a class A-I felony pursuant to section 70.00 of this\narticle, and such person is subject to an undischarged indeterminate or\ndeterminate sentence of imprisonment imposed prior to the date on which\nthe present crime was committed, the court must impose a sentence to run\nconsecutively with respect to such undischarged sentence.\n  * NB Effective until September 1, 2027\n  * 2-a. When an indeterminate or determinate sentence of imprisonment\nis imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10,\nsubdivision three or four of section 70.70, subdivision three or four of\nsection 70.71 or subdivision five of section 70.80 of this article, or\nis imposed for a class A-I felony pursuant to section 70.00 of this\narticle, and such person is subject to an undischarged indeterminate\nsentence of imprisonment imposed prior to the date on which the present\ncrime was committed, the court must impose a sentence to run\nconsecutively with respect to such undischarged sentence.\n  * NB Effective September 1, 2027\n  * 2-b. When a person is convicted of a violent felony offense\ncommitted after arraignment and while released on recognizance or bail,\nbut committed prior to the imposition of sentence on a pending felony\ncharge, and if an indeterminate or determinate sentence of imprisonment\nis imposed in each case, such sentences shall run consecutively.\nProvided, however, that the court may, in the interest of justice, order\na sentence to run concurrently in a situation where consecutive\nsentences are required by this subdivision if it finds either mitigating\ncircumstances that bear directly upon the manner in which the crime was\ncommitted or, where the defendant was not the sole participant in the\ncrime, the defendant's participation was relatively minor although not\nso minor as to constitute a defense to the prosecution. The defendant\nand the district attorney shall have an opportunity to present relevant\ninformation to assist the court in making this determination and the\ncourt may, in its discretion, conduct a hearing with respect to any\nissue bearing upon such determination. If the court determines that\nconsecutive sentences should not be ordered, it shall make a statement\non the record of the facts and circumstances upon which such\ndetermination is based.\n  * NB Effective until September 1, 2027\n  * 2-b. When a person is convicted of a violent felony offense\ncommitted after arraignment and while released on recognizance or bail,\nbut committed prior to the imposition of sentence on a pending felony\ncharge, and if an indeterminate sentence of imprisonment is imposed in\neach case, such sentences shall run consecutively. Provided, however,\nthat the court may, in the interest of justice, order a sentence to run\nconcurrently in a situation where consecutive sentences are required by\nthis subdivision if it finds either mitigating circumstances that bear\ndirectly upon the manner in which the crime was committed or, where the\ndefendant was not the sole participant in the crime, the defendant's\nparticipation was relatively minor although not so minor as to\nconstitute a defense to the prosecution. The defendant and the district\nattorney shall have an opportunity to present relevant information to\nassist the court in making this determination and the court may, in its\ndiscretion, conduct a hearing with respect to any issue bearing upon\nsuch determination. If the court determines that consecutive sentences\nshould not be ordered, it shall make a statement on the record of the\nfacts and circumstances upon which such determination is based.\n  * NB Effective September 1, 2027\n  2-c. When a person is convicted of bail jumping in the second degree\nas defined in section 215.56 or bail jumping in the first degree as\ndefined in section 215.57 committed after arraignment and while released\non recognizance or bail in connection with a pending indictment or\ninformation charging one or more felonies, at least one of which he is\nsubsequently convicted, and if an indeterminate sentence of imprisonment\nis imposed in each case, such sentences shall run consecutively.\nProvided, however, that the court may, in the interest of justice, order\na sentence to run concurrently in a situation where consecutive\nsentences are required by this subdivision if it finds mitigating\ncircumstances that bear directly upon the manner in which the crime was\ncommitted. The defendant and the district attorney shall have an\nopportunity to present relevant information to assist the court in\nmaking this determination and the court may, in its discretion, conduct\na hearing with respect to any issue bearing upon such determination. If\nthe court determines that consecutive sentences should not be ordered,\nit shall make a statement on the record of the facts and circumstances\nupon which such determination is based.\n  2-d. When a person is convicted of escape in the second degree as\ndefined in section 205.10 or escape in the first degree as defined in\nsection 205.15 committed after issuance of a securing order, as defined\nin subdivision five of section 500.10 of the criminal procedure law, in\nconnection with a pending indictment or information charging one or more\nfelonies, at least one of which he is subsequently convicted, and if an\nindeterminate sentence of imprisonment is imposed in each case, such\nsentences shall run consecutively. Provided, however, that the court\nmay, in the interest of justice, order a sentence to run concurrently in\na situation where consecutive sentences are required by this subdivision\nif it finds mitigating circumstances that bear directly upon the manner\nin which the crime was committed. The defendant and the district\nattorney shall have an opportunity to present relevant information to\nassist the court in making this determination and the court may, in its\ndiscretion, conduct a hearing with respect to any issue bearing upon\nsuch determination. If the court determines that consecutive sentences\nshould not be ordered, it shall make a statement on the record of the\nfacts and circumstances upon which such determination is based.\n  2-e. Whenever a person is convicted of course of sexual conduct\nagainst a child in the first degree as defined in section 130.75 or\ncourse of sexual conduct against a child in the second degree as defined\nin section 130.80 and any other crime under article one hundred thirty\ncommitted against the same child and within the period charged under\nsection 130.75 or 130.80, the sentences must run concurrently.\n  2-f. Whenever a person is convicted of facilitating a sex offense with\na controlled substance as defined in section 130.90 of this chapter, the\nsentence imposed by the court for such offense may be ordered to run\nconsecutively to any sentence imposed upon conviction of an offense\ndefined in article one hundred thirty of this chapter arising from the\nsame criminal transaction.\n  2-g. Whenever a person is convicted of unlawful manufacture of\nmethamphetamine in the third degree as defined in section 220.73 of this\nchapter, unlawful manufacture of methamphetamine in the second degree as\ndefined in section 220.74 of this chapter, or unlawful manufacture of\nmethamphetamine in the first degree as defined in section 220.75 of this\nchapter, or any attempt to commit any of such offenses, and such person\nis also convicted, with respect to such unlawful methamphetamine\nlaboratory, of unlawful disposal of methamphetamine laboratory material\nas defined in section 220.76 of this chapter, the sentences must run\nconcurrently.\n  3. Where consecutive definite sentences of imprisonment are not\nprohibited by subdivision two of this section and are imposed on a\nperson for offenses which were committed as parts of a single incident\nor transaction, the aggregate of the terms of such sentences shall not\nexceed one year.\n  4. When a person, who is subject to any undischarged term of\nimprisonment imposed at a previous time by a court of another\njurisdiction, is sentenced to an additional term or terms of\nimprisonment by a court of this state, the sentence or sentences imposed\nby the court of this state, subject to the provisions of subdivisions\none, two and three of this section, shall run either concurrently or\nconsecutively with respect to such undischarged term in such manner as\nthe court directs at the time of sentence. If the court of this state\ndoes not specify the manner in which a sentence imposed by it is to run,\nthe sentence or sentences shall run consecutively.\n  5. * (a) Except as provided in paragraph (c) of this subdivision, when\na person is convicted of assault in the second degree, as defined in\nsubdivision seven of section 120.05 of this chapter, any definite,\nindeterminate or determinate term of imprisonment which may be imposed\nas a sentence upon such conviction shall run consecutively to any\nundischarged term of imprisonment to which the defendant was subject and\nfor which he was confined at the time of the assault.\n  * NB Effective until September 1, 2027\n  * (a) Except as provided in paragraph (c) of this subdivision, when a\nperson is convicted of assault in the second degree, as defined in\nsubdivision seven of section 120.05 of this chapter, any definite or\nindeterminate term of imprisonment which may be imposed as a sentence\nupon such conviction shall run consecutively to any undischarged term of\nimprisonment to which the defendant was subject and for which he was\nconfined at the time of the assault.\n  * NB Effective September 1, 2027\n  * (b) Except as provided in paragraph (c) of this subdivision, when a\nperson is convicted of assault in the second degree, as defined in\nsubdivision seven of section 120.05 of this chapter, any definite,\nindeterminate or determinate term of imprisonment which may be imposed\nas a sentence upon such conviction shall run consecutively to any term\nof imprisonment which was previously imposed or which may be\nprospectively imposed where the person was confined within a detention\nfacility at the time of the assault upon a charge which culminated in\nsuch sentence of imprisonment.\n  * NB Effective until September 1, 2027\n  * (b) Except as provided in paragraph (c) of this subdivision, when a\nperson is convicted of assault in the second degree, as defined in\nsubdivision seven of section 120.05 of this chapter, any definite or\nindeterminate term of imprisonment which may be imposed as a sentence\nupon such conviction shall run consecutively to any term of imprisonment\nwhich was previously imposed or which may be prospectively imposed where\nthe person was confined within a detention facility at the time of the\nassault upon a charge which culminated in such sentence of imprisonment.\n  * NB Effective September 1, 2027\n  (c) Notwithstanding the provisions of paragraphs (a) and (b) of this\nsubdivision, a term of imprisonment imposed upon a conviction to assault\nin the second degree as defined in subdivision seven of section 120.05\nof this chapter may run concurrently to any other term of imprisonment,\nin the interest of justice, provided the court sets forth in the record\nits reasons for imposing a concurrent sentence. Nothing in this section\nshall require the imposition of a sentence of imprisonment where it is\nnot otherwise required by law.\n