NY Penal L § 70.71 (2021)
2021 New York Laws PEN - Penal Part 2 - Sentences Title E - Sentences Article 70 - Sentences of Imprisonment 70.71 - Sentence of Imprisonment for a Class a Felony Drug Offender.

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