NY Penal L § 60.05 (2021)
2021 New York Laws PEN - Penal Part 2 - Sentences Title E - Sentences Article 60 - Authorized Dispositions of Offenders 60.05 - Authorized Dispositions; Other Class A, B, Certain C and D Felonies and Multiple Felony Offenders.

§ 60.05 Authorized  dispositions;  other  class  A,  B,  certain C and D           felonies and multiple felony offenders.   1. Applicability. Except as provided in section 60.04 of this  article governing  the  authorized  dispositions  applicable  to felony offenses defined in article two hundred twenty or two hundred twenty-one of  this chapter  or  in  section  60.13 of this article governing the authorized dispositions applicable to felony sex offenses defined in paragraph  (a) of  subdivision  one  of section 70.80 of this title, this section shall govern the dispositions authorized when a person is to be sentenced upon a conviction of a class A felony, a class B felony or a class C, class D or class E felony specified herein, or when a person is to be  sentenced upon a conviction of a felony as a multiple felony offender.   2.  Class  A felony. Except as provided in subdivisions three and four of section 70.06 of this chapter, every person convicted of  a  class  A felony  must  be  sentenced  to  imprisonment in accordance with section 70.00 of this title, unless such person is convicted of  murder  in  the first  degree  and is sentenced in accordance with section 60.06 of this article.   3. Class B felony. Except as  provided  in  subdivision  six  of  this section,  every  person convicted of a class B violent felony offense as defined in subdivision one of section  70.02  of  this  title,  must  be sentenced  to  imprisonment  in accordance with such section 70.02; and, except as provided in subdivision six  of  this  section,  every  person convicted  of any other class B felony must be sentenced to imprisonment in accordance with section 70.00 of this title.   4. Certain class C felonies. Except as provided  in  subdivision  six, every person convicted of a class C violent felony offense as defined in subdivision  one  of  section  70.02 of this title, must be sentenced to imprisonment in accordance with section 70.02 of this title; and, except as provided in subdivision six of this section, every  person  convicted of  the  class  C  felonies  of:  attempt  to  commit any of the class B felonies of bribery in the first degree as defined  in  section  200.04, bribe  receiving  in  the  first  degree  as  defined in section 200.12, conspiracy in the  second  degree  as  defined  in  section  105.15  and criminal  mischief  in  the  first  degree as defined in section 145.12; criminal usury in  the  first  degree  as  defined  in  section  190.42, rewarding  official misconduct in the first degree as defined in section 200.22, receiving reward for official misconduct in the first degree  as defined  in section 200.27, attempt to promote prostitution in the first degree as defined in  section  230.32,  promoting  prostitution  in  the second degree as defined in section 230.30, arson in the third degree as defined  in  section  150.10  of  this  chapter,  must  be  sentenced to imprisonment in accordance with section 70.00 of this title.   5. Certain class D felonies. Except as provided in subdivision six  of this  section, every person convicted of the class D felonies of assault in the second degree as defined in section 120.05, strangulation in  the second  degree as defined in section 121.12 or attempt to commit a class C felony as defined in section 230.30 of this chapter, must be sentenced in accordance with section 70.00 or 85.00 of this title.   6. Multiple felony offender. When the court imposes  sentence  upon  a second violent felony offender, as defined in section 70.04, or a second felony  offender,  as  defined in section 70.06, the court must impose a sentence of imprisonment in accordance with section 70.04 or  70.06,  as the  case  may  be,  unless  it  imposes  a  sentence of imprisonment in accordance with section 70.08 or 70.10.   7. Fines. Where the  court  imposes  a  sentence  of  imprisonment  in accordance  with  this  section,  the  court  also  may  impose  a  fine  authorized by article eighty and in such case the sentence shall be both imprisonment and a fine.   8.  Shock  incarceration  participation.  (a) When the court imposes a determinate sentence of imprisonment pursuant to  subdivision  three  of section  70.02  of  this  chapter or subdivision six of section 70.06 of this chapter upon a person who stands convicted either  of  burglary  in the  second  degree  as  defined in subdivision two of section 140.25 of this chapter or robbery in the second degree as defined  in  subdivision one  of  section  160.10  of  this  chapter, or an attempt thereof, upon motion of the defendant, the court may issue an order directing that the department of corrections and community supervision enroll the defendant in the shock incarceration program as defined in article twenty-six-A of the correction law, provided that the defendant is an  eligible  inmate, as  described  in subdivision one of section eight hundred sixty-five of the correction law. Notwithstanding the  foregoing  provisions  of  this subdivision,  any  defendant  to be enrolled in such program pursuant to this subdivision shall be governed by the  same  rules  and  regulations promulgated  by the department of corrections and community supervision, including without limitation those rules  and  regulations  establishing requirements  for  completion  and  such rules and regulations governing discipline and removal from the program.  (b) Paragraph (b) of  subdivision  seven  of  section  60.04  of  this article shall apply in the event an inmate designated by court order for enrollment  in  the  shock  incarceration  program  requires a degree of medical care or mental health care that cannot be provided  at  a  shock incarceration facility.