N.Y. PEN Law § 60.01 — New York Code / Act PEN / Part 2 / Title E / Article 60 / Section 60.01
Authorized dispositions; generally
Status: in_force

§ 60.01 Authorized dispositions; generally.\n  1. Applicability. Except as otherwise specified in this article, when\nthe court imposes sentence upon a person convicted of an offense, the\ncourt must impose a sentence prescribed by this section.\n  2. Revocable dispositions.\n  (a) The court may impose a revocable sentence as herein specified:\n  (i) the court, where authorized by article sixty-five, may sentence a\nperson to a period of probation or to a period of conditional discharge\nas provided in that article; or\n  (ii) the court, where authorized by article eighty-five, may sentence\na person to a term of intermittent imprisonment as provided in that\narticle.\n  (b) A revocable sentence shall be deemed a tentative one to the extent\nthat it may be altered or revoked in accordance with the provisions of\nthe article under which it was imposed, but for all other purposes shall\nbe deemed to be a final judgment of conviction.\n  (c) In any case where the court imposes a sentence of probation,\nconditional discharge, or a sentence of intermittent imprisonment, it\nmay also impose a fine authorized by article eighty.\n  (d) In any case where the court imposes a sentence of imprisonment not\nin excess of sixty days, for a misdemeanor or not in excess of six\nmonths for a felony or in the case of a sentence of intermittent\nimprisonment not in excess of four months, it may also impose a sentence\nof probation or conditional discharge provided that the term of\nprobation or conditional discharge together with the term of\nimprisonment shall not exceed the term of probation or conditional\ndischarge authorized by article sixty-five of this chapter. The sentence\nof imprisonment shall be a condition of and run concurrently with the\nsentence of probation or conditional discharge.\n  3. Other dispositions. When a person is not sentenced as specified in\nsubdivision two, or when a sentence specified in subdivision two is\nrevoked, the sentence of the court must be as follows:\n  (a) A term of imprisonment; or\n  (b) A fine authorized by article eighty, provided, however, that when\nthe conviction is of a class B felony or of any felony defined in\narticle two hundred twenty, the sentence shall not consist solely of a\nfine; or\n  (c) Both imprisonment and a fine; or\n  (d) Where authorized by section 65.20, unconditional discharge as\nprovided in that section; or\n  (e) Following revocation of a sentence of conditional discharge\nimposed pursuant to section 65.05 of this chapter or paragraph (d) of\nsubdivision two of this section, probation as provided in section 65.00\nof this chapter or to the sentence of imprisonment and probation as\nprovided for in paragraph (d) of subdivision two of this section.\n  4. In any case where a person has been sentenced to a period of\nprobation imposed pursuant to section 65.00 of this chapter, if the part\nof the sentence that provides for probation is revoked, the court must\nsentence such person to imprisonment or to the sentence of imprisonment\nand probation as provided for in paragraph (d) of subdivision two of\nthis section.\n