NY Penal L § 65.00 (2021)
2021 New York Laws PEN - Penal Part 2 - Sentences Title E - Sentences Article 65 - Sentences of Probation, Conditional Discharge and Unconditional Discharge 65.00 - Sentence of Probation.

§ 65.00 Sentence of probation.   1.  Criteria.  (a)  Except  as  otherwise required by section 60.04 or 60.05 of this title, and except as provided by paragraph (b) hereof, the court may sentence a person to a period of probation upon conviction  of any crime if the court, having regard to the nature and circumstances of the  crime and to the history, character and condition of the defendant, is of the opinion that:  (i) Institutional confinement for the term authorized by  law  of  the defendant is or may not be necessary for the protection of the public;  (ii)  the  defendant  is  in  need  of  guidance,  training  or  other assistance which, in his case, can be effectively  administered  through probation supervision; and  (iii) such disposition is not inconsistent with the ends of justice.  (b) The court, with the concurrence of either the administrative judge of  the  court  or  of  the  judicial district within which the court is situated or such administrative judge as the presiding  justice  of  the appropriate appellate division shall designate, may sentence a person to a  period of probation upon conviction of a class A-II felony defined in article two hundred twenty, the class B felony defined in section 220.48 of this chapter or any other class  B  felony  defined  in  article  two hundred  twenty of this chapter where the person is a second felony drug offender as defined in paragraph (b) of subdivision one of section 70.70 of this chapter, if the prosecutor either orally on the record or  in  a writing  filed  with  the  indictment recommends that the court sentence such person to a period of probation upon the ground  that  such  person has   or   is   providing  material  assistance  in  the  investigation, apprehension or prosecution of  any  person  for  a  felony  defined  in article  two  hundred  twenty or the attempt or the conspiracy to commit any such felony, and if the court,  having  regard  to  the  nature  and circumstances  of  the crime and to the history, character and condition of the defendant is of the opinion that:  (i) Institutional confinement of the defendant is  not  necessary  for the protection of the public;  (ii)  The  defendant  is  in  need  of  guidance,  training  or  other assistance which, in his case, can be effectively  administered  through probation supervision;  (iii)  The  defendant  has  or is providing material assistance in the investigation, apprehension or prosecution of  a  person  for  a  felony defined  in  article  two hundred twenty or the attempt or conspiracy to commit any such felony; and  (iv) Such disposition is not inconsistent with the ends of justice.   * Provided, however, that the court shall not, except  to  the  extent authorized  by paragraph (d) of subdivision two of section 60.01 of this chapter, impose a sentence of probation in any case where it sentences a defendant for more than one crime and imposes a sentence of imprisonment for any one of the crimes, or where  the  defendant  is  subject  to  an undischarged indeterminate or determinate sentence of imprisonment which was  imposed  at  a  previous time by a court of this state and has more than one year to run.   * NB Effective until September 1, 2023   * Provided, however, that the court shall not, except  to  the  extent authorized  by paragraph (d) of subdivision two of section 60.01 of this chapter, impose a sentence of probation in any case where it sentences a defendant for more than one crime and imposes a sentence of imprisonment for any one of the crimes, or where  the  defendant  is  subject  to  an undischarged indeterminate or reformatory sentence of imprisonment which was  imposed  at  a  previous time by a court of this state and has more than one year to run.    * NB Effective September 1, 2023   2.  Sentence.  When a person is sentenced to a period of probation the court shall, except  to  the  extent  authorized  by  paragraph  (d)  of subdivision  two  of  section  60.01  of this chapter, impose the period authorized by subdivision three of this section and  shall  specify,  in accordance  with  section 65.10, the conditions to be complied with. The court may modify or enlarge the conditions or, if the defendant  commits an  additional  offense  or violates a condition, revoke the sentence at any time prior to  the  expiration  or  termination  of  the  period  of probation.   3.  Periods  of probation. Unless terminated sooner in accordance with the criminal procedure law, the period of probation shall be as follows:  (a) (i) For a felony, other  than  a  class  A-II  felony  defined  in article two hundred twenty of this chapter or the class B felony defined in  section  220.48 of this chapter, or any other class B felony defined in article two hundred twenty of this  chapter  committed  by  a  second felony drug offender, or a sexual assault, the period of probation shall be a term of three, four or five years;  (ii) For a class A-II felony drug offender as defined in paragraph (a) of  subdivision  one  of  section  70.71 of this chapter as described in paragraph (b) of subdivision one of this section, or a  class  B  felony committed by a second felony drug offender described in paragraph (b) of subdivision  one  of this section, the period of probation shall be life and for a class B felony defined in section 220.48 of this chapter,  the period of probation shall be twenty-five years;  (iii)  For  a  felony sexual assault, the period of probation shall be ten years.  (b) (i) For a class A misdemeanor, other than a  sexual  assault,  the period of probation shall be a term of two or three years;  (ii) For a class A misdemeanor sexual assault, the period of probation shall be six years.  (c)  For  a  class B misdemeanor, the period of probation shall be one year, except the period of probation shall be no less than one year  and no  more than three years for the class B misdemeanor of public lewdness as defined in section 245.00 of this chapter;  (d) For an unclassified misdemeanor, the period of probation shall  be a  term of two or three years if the authorized sentence of imprisonment is in excess of three months, otherwise the period of probation shall be one year.   For the purposes of this section, the term "sexual assault"  means  an offense   defined   in   article  one  hundred  thirty  or  two  hundred sixty-three, or in section 255.25, 255.26 or 255.27 of this chapter,  or an attempt to commit any of the foregoing offenses.   4.  If  during the periods of probation referenced in subparagraph (i) of paragraph (a), subparagraph (i) of paragraph (b) and paragraph (d) of subdivision three of this section  an  alleged  violation  is  sustained following a hearing pursuant to section 410.70 of the criminal procedure law  and  the  court  continues  or modifies the sentence, the court may extend the  remaining  period  of  probation  up  to  the  maximum  term authorized by this section. Provided, however, a defendant shall receive credit  for  the  time  during  which he or she was supervised under the original probation sentence prior to any declaration of delinquency  and for  any  time  spent in custody pursuant to this article for an alleged violation of probation.   5. In  any  case  where  a  court  pursuant  to  its  authority  under subdivision  four of section 60.01 of this chapter revokes probation and sentences such person to imprisonment  and  probation,  as  provided  in paragraph  (d)  of subdivision two of section 60.01 of this chapter, the  period of probation shall  be  the  remaining  period  of  the  original probation sentence or one year whichever is greater.