N.Y. PEN Law § 70.71 — New York Code / Act PEN / Part 2 / Title E / Article 70 / Section 70.71
Sentence of imprisonment for a class A felony drug offender
Status: in_force

§ 70.71 Sentence of imprisonment for a class A felony drug offender.\n  1. For the purposes of this section, the following terms shall mean:\n  (a) "Felony drug offender" means a defendant who stands convicted of\nany class A felony as defined in article two hundred twenty of this\nchapter.\n  (b) "Second felony drug offender" means a second felony offender as\nthat term is defined in subdivision one of section 70.06 of this\narticle, who stands convicted of and is to be sentenced for any class A\nfelony as defined in article two hundred twenty of this chapter.\n  (c) "Violent felony offense" shall have the same meaning as that term\nis defined in subdivision one of section 70.02 of this article.\n  2. Sentence of imprisonment for a first felony drug offender.\n  (a) Applicability. Except as provided in subdivision three, four or\nfive of this section, this subdivision shall apply to a person convicted\nof a class A felony as defined in article two hundred twenty of this\nchapter.\n  (b) Authorized sentence. The court shall impose a determinate term of\nimprisonment which shall be imposed by the court in whole or half years\nand which shall include as a part thereof a period of post-release\nsupervision in accordance with section 70.45 of this article. The terms\nauthorized for such determinate sentences are as follows:\n  (i) for a class A-I felony, the term shall be at least eight years and\nshall not exceed twenty years;\n  (ii) for a class A-II felony, the term shall be at least three years\nand shall not exceed ten years.\n  (c) Lifetime probation. Notwithstanding any other provision of law,\nthe court may sentence a defendant convicted of a class A-II felony\ndefined in article two hundred twenty of this chapter to lifetime\nprobation in accordance with the provisions of section 65.00 of this\nchapter.\n  3. Sentence of imprisonment for a second felony drug offender.\n  (a) Applicability. This subdivision shall apply to a second felony\ndrug offender whose prior felony conviction or convictions did not\ninclude one or more violent felony offenses.\n  (b) Authorized sentence. When the court has found pursuant to the\nprovisions of section 400.21 of the criminal procedure law that a\ndefendant is a second felony drug offender who stands convicted of a\nclass A felony as defined in article two hundred twenty or two hundred\ntwenty-one of this chapter, the court shall impose a determinate\nsentence of imprisonment. Such determinate sentence shall include as a\npart thereof a period of post-release supervision in accordance with\nsection 70.45 of this article. Such determinate sentence shall be\nimposed by the court in whole or half years as follows:\n  (i) for a class A-I felony, the term shall be at least twelve years\nand shall not exceed twenty-four years;\n  (ii) for a class A-II felony, the term shall be at least six years and\nshall not exceed fourteen years.\n  (c) Lifetime probation. Notwithstanding any other provision of law,\nthe court may sentence a defendant convicted of a class A-II felony\ndefined in article two hundred twenty of this chapter to lifetime\nprobation in accordance with the provisions of section 65.00 of this\nchapter.\n  4. Sentence of imprisonment for a second felony drug offender\npreviously convicted of a violent felony offense.\n  (a) Applicability. This subdivision shall apply to a second felony\ndrug offender whose prior felony conviction was a violent felony.\n  (b) Authorized sentence. When the court has found pursuant to the\nprovisions of section 400.21 of the criminal procedure law that a\ndefendant is a second felony drug offender whose prior felony conviction\nwas a violent felony, who stands convicted of a class A felony as\ndefined in article two hundred twenty or two hundred twenty-one of this\nchapter, the court shall impose a determinate sentence of imprisonment.\nSuch determinate sentence shall include as a part thereof a period of\npost-release supervision in accordance with section 70.45 of this\narticle. Such determinate sentence shall be imposed by the court in\nwhole or half years as follows:\n  (i) for a class A-I felony, the term shall be at least fifteen years\nand shall not exceed thirty years;\n  (ii) for a class A-II felony, the term shall be at least eight years\nand shall not exceed seventeen years.\n  5. Sentence of imprisonment for operating as a major trafficker.\n  (a) Applicability. This subdivision shall apply to a person convicted\nof the class A-I felony of operating as a major trafficker as defined in\nsection 220.77 of this chapter.\n  (b) Authorized sentence. Except as provided in paragraph (c) of this\nsubdivision, the court shall impose an indeterminate term of\nimprisonment for an A-I felony, in accordance with the provisions of\nsection 70.00 of this article.\n  (c) Alternative determinate sentence. If a defendant stands convicted\nof violating section 220.77 of this chapter, and if the court, having\nregard to the nature and circumstances of the crime and the history and\ncharacter of the defendant, is of the opinion that a sentence of\nimprisonment is necessary but that it would be unduly harsh to impose\nthe indeterminate sentence for a class A-I felony specified under\nsection 70.00 of this article, the court may instead impose the\ndeterminate sentence of imprisonment authorized by clause (i) of\nsubparagraph (b) of subdivision two of this section for a class A-I drug\nfelony; in such case, the reasons for the court's opinion shall be set\nforth on the record.\n