NY Penal L § 70.15 (2021)
2021 New York Laws PEN - Penal Part 2 - Sentences Title E - Sentences Article 70 - Sentences of Imprisonment 70.15 - Sentences of Imprisonment for Misdemeanors and Violation.

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