NY Penal L § 60.12 (2021)
2021 New York Laws PEN - Penal Part 2 - Sentences Title E - Sentences Article 60 - Authorized Dispositions of Offenders 60.12 - Authorized Dispositions; Alternative Sentence; Domestic Violence Cases.

§ 60.12 Authorized  disposition; alternative sentence; domestic violence           cases.   1. Notwithstanding any other  provision  of  law,  where  a  court  is imposing  sentence upon a person pursuant to section 70.00, 70.02, 70.06 or subdivision two or three of section 70.71 of this title,  other  than for  an  offense  defined in section 125.26, 125.27, subdivision five of section 125.25, or article 490 of this chapter, or for an offense  which would  require  such  person  to  register as a sex offender pursuant to article six-C of the correction law, an attempt or conspiracy to  commit any  such  offense,  and  is authorized or required pursuant to sections 70.00, 70.02, 70.06 or subdivision two or three of section 70.71 of this title  to  impose  a  sentence  of  imprisonment,  the  court,  upon   a determination  following  a  hearing that (a) at the time of the instant offense, the defendant was a victim of domestic  violence  subjected  to substantial  physical,  sexual  or  psychological  abuse  inflicted by a member of the same family or household as the defendant as such term  is defined  in  subdivision one of section 530.11 of the criminal procedure law; (b) such  abuse  was  a  significant  contributing  factor  to  the defendant's  criminal  behavior;  (c)  having  regard for the nature and circumstances of the crime and the history, character and  condition  of the  defendant,  that  a  sentence  of  imprisonment pursuant to section 70.00, 70.02, 70.06 or subdivision two or three of section 70.71 of this title would be unduly harsh may instead impose a sentence in  accordance with this section.   A  court  may  determine  that  such  abuse  constitutes a significant contributing factor  pursuant  to  paragraph  (b)  of  this  subdivision regardless of whether the defendant raised a defense pursuant to article thirty-five, article forty, or subdivision one of section 125.25 of this chapter.   At  the hearing to determine whether the defendant should be sentenced pursuant to this section, the court  shall  consider  oral  and  written arguments,  take  testimony  from witnesses offered by either party, and consider relevant  evidence  to  assist  in  making  its  determination. Reliable hearsay shall be admissible at such hearings.   2.  Where  a  court  would  otherwise be required to impose a sentence pursuant to section 70.02 of this title, the court may impose a definite sentence of imprisonment of one year or less, or probation in accordance with the provisions of section  65.00  of  this  title,  or  may  fix  a determinate term of imprisonment as follows:  (a)  For a class B felony, the term must be at least one year and must not exceed five years;  (b) For a class C felony, the term must be at least one year and  must not exceed three and one-half years;  (c)  For a class D felony, the term must be at least one year and must not exceed two years; and  (d) For a class E felony, the term must  be  one  year  and  must  not exceed one and one-half years.   3.  Where a court would otherwise be required to impose a sentence for a class A felony offense pursuant to section 70.00 of  this  title,  the court  may fix a determinate term of imprisonment of at least five years and not to exceed fifteen years.   4. Where a court would otherwise be required to impose a sentence  for a  class  A felony offense pursuant to subparagraph (i) of paragraph (b) of subdivision two of section 70.71 of this title, the court may  fix  a determinate  term  of  imprisonment  of  at  least five years and not to exceed eight years.   5. Where a court would otherwise be required to impose a sentence  for a  class  A felony offense pursuant to subparagraph (i) of paragraph (b)  of subdivision three of section 70.71 of this title, the court may fix a determinate term of imprisonment of at  least  five  years  and  not  to exceed twelve years.   6.  Where a court would otherwise be required to impose a sentence for a class A felony offense pursuant to subparagraph (ii) of paragraph  (b) of  subdivision  two of section 70.71 of this title, the court may fix a determinate term of imprisonment of at least one year and not to  exceed three years.   7.  Where a court would otherwise be required to impose a sentence for a class A felony offense pursuant to subparagraph (ii) of paragraph  (b) of subdivision three of section 70.71 of this title, the court may fix a determinate  term  of  imprisonment  of  at least three years and not to exceed six years.   8. Where a court would otherwise be  required  to  impose  a  sentence pursuant  to  subdivision  six of section 70.06 of this title, the court may fix a term of imprisonment as follows:  (a) For a class B felony, the term must be at least  three  years  and must not exceed eight years;  (b)  For  a class C felony, the term must be at least two and one-half years and must not exceed five years;  (c) For a class D felony, the term must be at least two years and must not exceed three years;  (d) For a class E felony, the term must be at least one  and  one-half years and must not exceed two years.   9.  Where a court would otherwise be required to impose a sentence for a class B, C, D or E felony offense pursuant to section  70.00  of  this title, the court may impose a sentence in accordance with the provisions of subdivision two of section 70.70 of this title.   10.  Except  as provided in subdivision seven of this section, where a court would otherwise be required  to  impose  a  sentence  pursuant  to subdivision three of section 70.06 of this title, the court may impose a sentence  in  accordance  with  the  provisions  of subdivision three of section 70.70 of this title.   11. Where a court would otherwise be required  to  impose  a  sentence pursuant  to subdivision three of section 70.06 of this title, where the prior felony conviction was for a  felony  offense  defined  in  section 70.02  of this title, the court may impose a sentence in accordance with the provisions of subdivision four of section 70.70 of this title.