reglab/statecodes huggingface dataset:
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title B - Principles of Criminal Liability › Article 20 - Parties to Offenses and Liability Through Accessorial Conduct › 20.20 - Criminal Liability of Corporations.

§ 20.20 Criminal liability of corporations.
1. As used in this section:
(a)  "Agent" means any director, officer or employee of a corporation,
or any  other  person  who  is  authorized  to  act  in  behalf  of  the
corporation.
(b)  "High  managerial agent" means an officer of a corporation or any
other agent in a position of comparable authority with  respect  to  the
formulation  of  corporate  policy  or  the  supervision in a managerial
capacity of subordinate employees.
2. A corporation is guilty of an offense when:
(a) The conduct constituting the offense consists of  an  omission  to
discharge   a  specific  duty  of  affirmative  performance  imposed  on
corporations by law; or
(b) The conduct constituting the offense is  engaged  in,  authorized,
solicited, requested, commanded, or recklessly tolerated by the board of
directors  or  by a high managerial agent acting within the scope of his
employment and in behalf of the corporation; or
(c) The conduct constituting the offense is engaged in by an agent  of
the  corporation  while acting within the scope of his employment and on
behalf of the corporation, and the offense is (i)  a  misdemeanor  or  a
violation,  (ii)  one  defined  by  a  statute which clearly indicates a
legislative intent to impose such criminal liability on  a  corporation,
(iii) any offense set forth in title twenty-seven of article seventy-one
of the environmental conservation law, or (iv) is in relation to a crime
involving  the death or serious physical injury of an employee where the
corporation acted negligently, recklessly, intentionally, or knowingly.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title B - Principles of Criminal Liability › Article 20 - Parties to Offenses and Liability Through Accessorial Conduct › 20.25 - Criminal Liability of an Individual for Corporate Conduct.

§ 20.25 Criminal liability of an individual for corporate conduct.
A  person  is  criminally  liable  for conduct constituting an offense
  which he performs or causes to be performed in the name of or in  behalf
  of a corporation to the same extent as if such conduct were performed in
  his own name or behalf.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title C - Defenses › Article 25 - Defenses in General › 25.00 - Defenses; Burden of Proof.

§ 25.00 Defenses; burden of proof.
1.  When  a "defense," other than an "affirmative defense," defined by
  statute is raised at a trial, the people have the burden  of  disproving
  such defense beyond a reasonable doubt.
2.  When  a defense declared by statute to be an "affirmative defense"
  is raised at a trial, the defendant has the burden of establishing  such
  defense by a preponderance of the evidence.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title C - Defenses › Article 35 - Defense of Justification › 35.00 - Justification; a Defense.

§ 35.00 Justification; a defense.
In  any  prosecution  for  an  offense,  justification,  as defined in
  sections 35.05 through 35.30, is a defense.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title C - Defenses › Article 35 - Defense of Justification › 35.05 - Justification; Generally.

§ 35.05 Justification; generally.
Unless  otherwise  limited  by  the ensuing provisions of this article
  defining  justifiable  use  of  physical  force,  conduct  which   would
  otherwise constitute an offense is justifiable and not criminal when:
1.  Such  conduct  is  required  or authorized by law or by a judicial
  decree, or is performed by a public servant in the  reasonable  exercise
  of his official powers, duties or functions; or
2.  Such  conduct  is  necessary  as  an emergency measure to avoid an
  imminent public or private injury which is about to occur by reason of a
  situation occasioned or developed through no fault  of  the  actor,  and
  which  is  of  such  gravity  that,  according  to ordinary standards of
  intelligence and morality, the desirability and urgency of avoiding such
  injury clearly outweigh the desirability of avoiding the  injury  sought
  to  be  prevented  by  the  statute defining the offense in issue.   The
  necessity  and  justifiability  of  such  conduct  may  not  rest   upon
  considerations  pertaining  only to the morality and advisability of the
  statute, either in its  general  application  or  with  respect  to  its
  application  to a particular class of cases arising thereunder. Whenever
  evidence relating to the defense of justification under this subdivision
  is offered by the defendant, the court shall rule as  a  matter  of  law
  whether  the  claimed  facts  and  circumstances  would, if established,
  constitute a defense.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title C - Defenses › Article 35 - Defense of Justification › 35.15 - Justification; Use of Physical Force in Defense of a Person.

§ 35.15 Justification; use of physical force in defense of a person.
1.  A  person  may,  subject to the provisions of subdivision two, use
physical force upon another person when and to  the  extent  he  or  she
reasonably believes such to be necessary to defend himself, herself or a
third  person  from  what he or she reasonably believes to be the use or
imminent use of unlawful physical force by such other person, unless:
(a) The latter's conduct was provoked by  the  actor  with  intent  to
cause physical injury to another person; or
(b)  The actor was the initial aggressor; except that in such case the
use of physical force is  nevertheless  justifiable  if  the  actor  has
withdrawn   from   the   encounter  and  effectively  communicated  such
withdrawal to such other person but the latter  persists  in  continuing
the  incident by the use or threatened imminent use of unlawful physical
force; or
(c) The physical  force  involved  is  the  product  of  a  combat  by
agreement not specifically authorized by law.
2.  A  person  may  not  use deadly physical force upon another person
under circumstances specified in subdivision one unless:
(a) The actor reasonably believes that such other person is  using  or
about  to  use  deadly  physical  force. Even in such case, however, the
actor may not use deadly physical force if he or  she  knows  that  with
complete  personal safety, to oneself and others he or she may avoid the
necessity of so doing by retreating; except that the actor is  under  no
duty to retreat if he or she is:
(i) in his or her dwelling and not the initial aggressor; or
(ii)  a police officer or peace officer or a person assisting a police
officer or a peace officer at the latter's direction, acting pursuant to
section 35.30; or
* (b) He  or  she  reasonably  believes  that  such  other  person  is
committing or attempting to commit a kidnapping, forcible rape, forcible
criminal sexual act or robbery; or
* NB Effective until September 1, 2024
* (b)  He  or  she  reasonably  believes  that  such  other  person is
committing or attempting to commit a kidnapping, forcible rape, forcible
aggravated sexual abuse, a crime formerly defined in section  130.50  of
this chapter by force, or robbery; or
* NB Effective September 1, 2024
(c) He or she reasonably believes that such other person is committing
or  attempting to commit a burglary, and the circumstances are such that
the use of deadly physical force is authorized by subdivision  three  of
section 35.20.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title C - Defenses › Article 35 - Defense of Justification › 35.25 - Justification; Use of Physical Force to Prevent or Terminate Larceny or Criminal Mischief.

§  35.25 Justification;  use  of  physical force to prevent or terminate
larceny or criminal mischief.
A person may use physical force, other  than  deadly  physical  force,
  upon  another  person  when  and to the extent that he or she reasonably
  believes such to be necessary to prevent or terminate  what  he  or  she
  reasonably believes to be the commission or attempted commission by such
  other person of larceny or of criminal mischief with respect to property
  other than premises.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title C - Defenses › Article 35 - Defense of Justification › 35.27 - Justification; Use of Physical Force in Resisting Arrest Prohibited.

§  35.27  Justification;  use  of  physical  force  in  resisting arrest
prohibited.
A person may not use physical  force  to  resist  an  arrest,  whether
  authorized  or  unauthorized,  which is being effected or attempted by a
  police officer or peace officer when it would reasonably appear that the
  latter is a police officer or peace officer.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title C - Defenses › Article 40 - Other Defenses Involving Lack of Culpability › 40.00 - Duress.

§ 40.00 Duress.
1.  In  any  prosecution  for an offense, it is an affirmative defense
  that the defendant engaged in the  proscribed  conduct  because  he  was
  coerced  to  do  so  by  the  use or threatened imminent use of unlawful
  physical force upon him or a third person,  which  force  or  threatened
  force  a  person of reasonable firmness in his situation would have been
  unable to resist.
2. The defense of duress as defined in subdivision one of this section
  is not available  when  a  person  intentionally  or  recklessly  places
  himself in a situation in which it is probable that he will be subjected
  to duress.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title C - Defenses › Article 40 - Other Defenses Involving Lack of Culpability › 40.05 - Entrapment.

§ 40.05 Entrapment.
In  any  prosecution for an offense, it is an affirmative defense that
  the defendant engaged in the proscribed conduct because he  was  induced
  or  encouraged  to  do  so by a public servant, or by a person acting in
  cooperation with a public servant, seeking to  obtain  evidence  against
  him  for  purpose  of criminal prosecution, and when the methods used to
  obtain such evidence were such as to create a substantial risk that  the
  offense  would be committed by a person not otherwise disposed to commit
  it. Inducement or  encouragement  to  commit  an  offense  means  active
  inducement  or  encouragement.  Conduct  merely  affording  a  person an
  opportunity to commit an offense does not constitute entrapment.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title C - Defenses › Article 40 - Other Defenses Involving Lack of Culpability › 40.10 - Renunciation.

§ 40.10 Renunciation.
1.  In any prosecution for an offense, other than an attempt to commit
  a crime, in which  the  defendant's  guilt  depends  upon  his  criminal
  liability  for  the conduct of another person pursuant to section 20.00,
  it is an affirmative defense that,  under  circumstances  manifesting  a
  voluntary  and  complete  renunciation  of  his  criminal  purpose,  the
  defendant withdrew from participation  in  such  offense  prior  to  the
  commission  thereof  and  made  a  substantial  effort  to  prevent  the
  commission thereof.
2. In any prosecution for criminal facilitation  pursuant  to  article
  one  hundred  fifteen,  it  is an affirmative defense that, prior to the
  commission of the felony which he  facilitated,  the  defendant  made  a
  substantial effort to prevent the commission of such felony.
3.  In  any  prosecution  pursuant to section 110.00 for an attempt to
  commit a crime, it is an affirmative defense that,  under  circumstances
  manifesting  a  voluntary  and  complete  renunciation  of  his criminal
  purpose, the defendant avoided the commission of the crime attempted  by
  abandoning his criminal effort and, if mere abandonment was insufficient
  to  accomplish  such  avoidance, by taking further and affirmative steps
  which prevented the commission thereof.
4. In any prosecution for criminal solicitation  pursuant  to  article
  one  hundred  or  for conspiracy pursuant to article one hundred five in
  which the crime solicited or the crime contemplated  by  the  conspiracy
  was  not  in  fact  committed,  it is an affirmative defense that, under
  circumstances manifesting a voluntary and complete renunciation  of  his
  criminal purpose, the defendant prevented the commission of such crime.
5.  A  renunciation is not "voluntary and complete" within the meaning
  of this section if it is motivated in whole or in part by (a)  a  belief
  that  circumstances exist which increase the probability of detection or
  apprehension of the defendant or another  participant  in  the  criminal
  enterprise,  or  which  render  more difficult the accomplishment of the
  criminal purpose, or (b) a decision to  postpone  the  criminal  conduct
  until  another time or to transfer the criminal effort to another victim
  or another but similar objective.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title C - Defenses › Article 40 - Other Defenses Involving Lack of Culpability › 40.15 - Mental Disease or Defect.

§ 40.15 Mental disease or defect.
In  any  prosecution for an offense, it is an affirmative defense that
  when the defendant engaged in the proscribed conduct, he lacked criminal
  responsibility by reason of mental  disease  or  defect.  Such  lack  of
  criminal  responsibility  means  that  at the time of such conduct, as a
  result of mental disease or defect, he lacked  substantial  capacity  to
  know or appreciate either:
1. The nature and consequences of such conduct; or
2. That such conduct was wrong.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 55 - Classification and Designation of Offenses › 55.00 - Applicability of Article.

§ 55.00 Applicability of article.
The   provisions   of  this  article  govern  the  classification  and
  designation of every offense, whether defined within or outside of  this
  chapter.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 55 - Classification and Designation of Offenses › 55.05 - Classifications of Felonies and Misdemeanors.

§ 55.05 Classifications of felonies and misdemeanors.
1.  Felonies.  Felonies  are  classified, for the purpose of sentence,
into five categories as follows:
(a) Class A felonies;
(b) Class B felonies;
(c) Class C felonies;
(d) Class D felonies; and
(e) Class E felonies.
Class A felonies are subclassified, for the purpose of sentence,  into
two  categories  as  follows: subclass I and subclass II, to be known as
class A-I and class A-II felonies, respectively.
2. Misdemeanors. Misdemeanors  are  classified,  for  the  purpose  of
sentence, into three categories as follows:
(a) Class A misdemeanors;
(b) Class B misdemeanors; and
(c) Unclassified misdemeanors.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 55 - Classification and Designation of Offenses › 55.10 - Designation of Offenses.

§ 55.10 Designation of offenses.
1. Felonies.
(a)  The particular classification or subclassification of each felony
defined in this chapter  is  expressly  designated  in  the  section  or
article defining it.
(b)  Any offense defined outside this chapter which is declared by law
to be a felony without specification of the classification  thereof,  or
for  which  a  law outside this chapter provides a sentence to a term of
imprisonment in excess of one year, shall be deemed a class E felony.
2. Misdemeanors.
(a) Each misdemeanor defined in this  chapter  is  either  a  class  A
misdemeanor  or  a  class  B misdemeanor, as expressly designated in the
section or article defining it.
(b) Any offense defined outside this chapter which is declared by  law
to  be a misdemeanor without specification of the classification thereof
or of the sentence therefor shall be deemed a class A misdemeanor.
(c) Except as provided in paragraph (b) of subdivision three, where an
offense is defined outside this chapter and a  sentence  to  a  term  of
imprisonment  in excess of fifteen days but not in excess of one year is
provided in the law or ordinance defining  it,  such  offense  shall  be
deemed an unclassified misdemeanor.
3.  Violations.  Every  violation defined in this chapter is expressly
designated as such. Any offense defined outside this  chapter  which  is
not expressly designated a violation shall be deemed a violation if:
(a)  Notwithstanding  any  other  designation  specified in the law or
ordinance defining it, a sentence to a term of imprisonment which is not
in excess of fifteen days is provided  therein,  or  the  only  sentence
provided therein is a fine; or
(b)  A sentence to a term of imprisonment in excess of fifteen days is
provided for such offense in a law or ordinance  enacted  prior  to  the
effective  date of this chapter but the offense was not a crime prior to
that date.
4. Traffic infraction. Notwithstanding any  other  provision  of  this
section, an offense which is defined as a "traffic infraction" shall not
be  deemed  a  violation  or  a  misdemeanor  by  virtue of the sentence
prescribed therefor.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.00 - Applicability of Provisions.

§ 60.00 Applicability of provisions.
1. The sentences prescribed by this article shall apply in the case of
  every offense, whether defined within or outside of this chapter.
2.  The sole provision of this article that shall apply in the case of
  an offense committed by a juvenile offender is  section  60.10  of  this
  article  and  no  other  provisions  of  this article shall be deemed or
  construed to apply in any such case.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.02 - Authorized Disposition; Youthful Offender.

§ 60.02 Authorized disposition; youthful offender.
When a person is to be sentenced upon a youthful offender finding, the
court must impose a sentence as follows:
(1)  If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction of an offense other  than  a
felony,  the court must impose a sentence authorized for the offense for
which the youthful offender finding was substituted, except that if  the
youthful  offender  finding  was  entered  pursuant  to paragraph (b) of
subdivision one of section 720.20 of the  criminal  procedure  law,  the
court   must   not   impose  a  definite  or  intermittent  sentence  of
imprisonment with a term of more than six months; or
(2) If the sentence is to be imposed upon a youthful offender  finding
which  has  been  substituted for a conviction for any felony, the court
must impose a sentence authorized to be imposed upon a person  convicted
of  a class E felony provided, however, that the court must not impose a
sentence of conditional discharge  or  unconditional  discharge  if  the
youthful  offender  finding was substituted for a conviction of a felony
defined in article two hundred twenty of this chapter.
(4) Notwithstanding any other provision of law in this section, if the
sentence is to be imposed upon a youthful  offender  finding  which  has
been  substituted  for a conviction of prostitution or loitering for the
purposes of prostitution provided that the person does not stand charged
with loitering for the purpose of patronizing  a  prostitute,  and  such
offense  occurred when the person was sixteen or seventeen years of age,
the court must impose a sentence authorized to be imposed upon a  person
convicted  of  a  violation  as  defined in subdivision three of section
10.00 of the penal law and where the court imposes a revocable  sentence
authorized  for  a  violation  may order any of the specialized services
enumerated in title eight-A of article six of the social services law or
other  appropriate  services  made  available  to  persons  in  need  of
supervision in accordance with article seven of the family court act.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.06 - Authorized Disposition; Murder in the First Degree Offenders; Aggravated Murder Offenders; Certain Murder in the Second Degree Offenders; Certain

§ 60.06 Authorized  disposition;  murder  in the first degree offenders;
aggravated murder offenders;  certain  murder  in  the  second
degree   offenders;   certain  terrorism  offenders;  criminal
possession  of  a  chemical  weapon   or   biological   weapon
offenders;  criminal  use  of  a chemical weapon or biological
weapon offenders.
When a defendant is convicted of murder in the first degree as defined
  in section 125.27 of this chapter, the court shall, in  accordance  with
  the provisions of section 400.27 of the criminal procedure law, sentence
  the   defendant  to  death,  to  life  imprisonment  without  parole  in
  accordance with subdivision five of section 70.00 of this title, or to a
  term of imprisonment for a class A-I felony other  than  a  sentence  of
  life  imprisonment  without  parole, in accordance with subdivisions one
  through three of section 70.00 of this title. When a person is convicted
  of murder in the second degree as defined in subdivision five of section
  125.25 of this chapter or of the crime of aggravated murder  as  defined
  in  subdivision  one  of section 125.26 of this chapter, the court shall
  sentence the defendant to life imprisonment without parole in accordance
  with subdivision five of section 70.00 of this title. When  a  defendant
  is  convicted  of the crime of terrorism as defined in section 490.25 of
  this chapter, and the specified offense the  defendant  committed  is  a
  class  A-I felony offense, or when a defendant is convicted of the crime
  of criminal possession of a chemical weapon or biological weapon in  the
  first  degree  as  defined  in section 490.45 of this chapter, or when a
  defendant is convicted of the crime of criminal use of a chemical weapon
  or biological weapon in the first degree as defined in section 490.55 of
  this  chapter,  the  court  shall  sentence  the   defendant   to   life
  imprisonment  without  parole  in  accordance  with  subdivision five of
  section 70.00 of this title; provided, however,  that  nothing  in  this
  section shall preclude or prevent a sentence of death when the defendant
  is  also  convicted  of murder in the first degree as defined in section
  125.27 of this chapter. When a  defendant  is  convicted  of  aggravated
  murder  as defined in subdivision two of section 125.26 of this chapter,
  the court shall sentence the  defendant  to  life  imprisonment  without
  parole  or to a term of imprisonment for a class A-I felony other than a
  sentence  of  life  imprisonment  without  parole,  in  accordance  with
  subdivisions one through three of section 70.00 of this title.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.08 - Authorized Dispositions; Resentencing of Certain Controlled Substance Offenders.

§  60.08  Authorized  dispositions;  resentencing  of certain controlled
substance offenders.
Any person convicted of an offense and  sentenced  to  prison  for  an
  indeterminate  sentence,  the minimum of which was at least one year and
  the maximum of which was life imprisonment, which sentence  was  imposed
  pursuant  to chapter two hundred seventy-six, two hundred seventy-seven,
  two hundred seventy-eight, or ten  hundred  fifty-one  of  the  laws  of
  nineteen  hundred seventy-three, and for which such sentence was imposed
  upon conviction of the crime of  criminal  possession  of  a  controlled
  substance  in  the  first  degree,  criminal  possession of a controlled
  substance in the second degree,  criminal  possession  of  a  controlled
  substance  in  the third degree, criminal sale of a controlled substance
  in the first degree, criminal sale of  a  controlled  substance  in  the
  second  degree,  or criminal sale of a controlled substance in the third
  degree, and the sole controlled substance involved  was  methadone,  may
  apply,   upon   notice   to   the  appropriate  district  attorney,  for
  resentencing in the court which originally imposed sentence.
Such  resentencing  shall,   unless   substantial   justice   dictates
  otherwise,  be  pursuant to the current provisions of the penal law, and
  shall include credit  for  any  jail  time  incurred  upon  the  subject
  conviction  as  well  as credit for any period of incarceration incurred
  pursuant to the sentence originally imposed.
In cases where the proof before the court is not available or  is  not
  sufficiently  reliable  to  determine the amount of methadone present in
  any preparation, compound, mixture or  substance  containing  methadone,
  there  shall  exist  a  rebuttable  presumption  that  each ounce of the
  preparation, compound, mixture or substance contained  sixty  milligrams
  of methadone.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.09 - Authorized Dispositions; Resentencing of Certain Persons Convicted of Specified Controlled Substance Offenses.

§   60.09  Authorized  dispositions;  resentencing  of  certain  persons
convicted of specified controlled substance offenses.
a. Any person convicted of an offense as defined  in  section  115.05,
220.16,  220.18,  220.39  or  220.41  of  this  chapter or of an attempt
thereof, for an act committed on  or  after  September  first,  nineteen
hundred  seventy-three  but prior to the date on which the provisions of
this section become effective,  may,  upon  notice  to  the  appropriate
district  attorney, apply for resentencing in the court which originally
imposed sentence. Such resentencing shall  be  in  accordance  with  the
provisions  of  subdivision (b) of this section and shall include credit
for any jail time incurred upon the subject conviction as well as credit
for any period  of  incarceration  incurred  pursuant  to  the  sentence
originally imposed.
b.  A  court, upon an application specified in subdivision (a) of this
section may resentence a person as follows:
(i) if the conviction was for a class  A-III  offense  the  court  may
impose  a  new  maximum term which shall be no less than three times the
amount of the minimum term imposed in the original sentence and no  more
than twenty-five years;
(ii)  if  the  conviction  was  for a class A-II offense the court may
impose a new minimum term which  shall  be  no  less  than  three  years
imprisonment and no more than eight and one-third years;
(iii)  upon  resentence  of  a person as specified in paragraph (i) of
this subdivision the court shall  resentence  the  person  to  the  same
minimum term previously imposed;
(iv)  upon  resentence  of  a person as specified in paragraph (ii) of
this  subdivision  the  court  shall  impose  a  maximum  term  of  life
imprisonment;
(v)  if  the  conviction  was  for  an offense as specified in section
115.05 of this chapter and the offense  which  was  the  object  of  the
criminal  facilitation was a class A-III felony then the court shall set
aside the conviction and substitute it with a conviction  for  violation
of  section  115.01  or 115.00 of this chapter, whichever is appropriate
under the facts of the case, and impose a sentence  in  accordance  with
those provisions.
c.  Upon  resentence  as  provided  in  this section the court may not
impose a sentence greater than the sentence previously imposed.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.10 - Authorized Disposition; Juvenile Offender.

§ 60.10 Authorized disposition; juvenile offender.
1.  When  a juvenile offender is convicted of a crime, the court shall
  sentence the defendant to imprisonment in accordance with section  70.05
  or  sentence  him  upon  a  youthful offender finding in accordance with
  section 60.02 of this chapter.
2. Subdivision one of this  section  shall  apply  when  sentencing  a
  juvenile  offender  notwithstanding the provisions of any other law that
  deals with the authorized sentence for  persons  who  are  not  juvenile
  offenders.  Provided,  however,  that  the limitation prescribed by this
  section shall not be deemed or construed to bar use of a conviction of a
  juvenile  offender,  other  than  a  juvenile  offender  who  has   been
  adjudicated  a  youthful  offender  pursuant  to  section  720.20 of the
  criminal procedure law, as a previous or predicate felony offender under
  section 70.04, 70.06, 70.08 or  70.10,  when  sentencing  a  person  who
  commits a felony after he has reached the age of sixteen.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.10-A - Authorized Disposition; Adolescent Offender.

§ 60.10-a Authorized disposition; adolescent offender.
When  an  adolescent  offender  is  convicted of an offense, the court
  shall sentence the defendant to any sentence authorized to be imposed on
  a person who committed such offense at age eighteen  or  older.  When  a
  sentence  is  imposed, the court shall consider the age of the defendant
  in exercising its discretion at sentencing.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.11 - Authorized Dispositions; Criminal Possession of a Weapon in the Fourth Degree.

§  60.11 Authorized dispositions; criminal possession of a weapon in the
fourth degree.
When a person is to be sentenced upon a conviction  of  the  crime  of
  criminal  possession  of  a  weapon  in  the fourth degree as defined in
  subdivision one of section 265.01 as  a  result  of  a  plea  of  guilty
  entered  in  satisfaction of an indictment or count thereof charging the
  defendant with the class D violent felony offense of criminal possession
  of a weapon in the third  degree  as  defined  in  subdivision  four  of
  section 265.02, the court must sentence the defendant in accordance with
  the provisions of section 70.15.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.11-A - Authorized Dispositions; Certain Criminal Possession of a Weapon in the Third Degree Offenders.

§  60.11-a  Authorized  dispositions;  certain  criminal possession of a
weapon in the third degree offenders.
When a person is to be sentenced  upon  conviction  of  the  crime  of
  criminal  possession  of  a  weapon  in  the  third degree as defined in
  subdivision ten of section  265.02  of  this  chapter,  the  court  must
  sentence  such  defendant  to  a  determinate  sentence  as  provided in
  subparagraph (ii) of paragraph (c) of subdivision three of section 70.02
  of this chapter, unless a greater minimum sentence is otherwise required
  by another provision of this chapter.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.13 - Authorized Dispositions; Felony Sex Offenses.

§ 60.13 Authorized dispositions; felony sex offenses.
When  a  person  is  to  be sentenced upon a conviction for any felony
  defined in article one hundred  thirty  of  this  chapter,  including  a
  sexually  motivated  felony, or patronizing a person for prostitution in
  the  first  degree  as  defined  in  section  230.06  of  this  chapter,
  aggravated  patronizing  a minor for prostitution in the third degree as
  defined in section 230.11 of  this  chapter,  aggravated  patronizing  a
  minor for prostitution in the second degree as defined in section 230.12
  of  this chapter, aggravated patronizing a minor for prostitution in the
  first degree as defined in section 230.13 of this chapter, incest in the
  second degree as defined in section 255.26 of this chapter, or incest in
  the first degree as defined in section 255.27  of  this  chapter,  or  a
  felony  attempt  or  conspiracy to commit any of these crimes, the court
  must sentence the defendant in accordance with the provisions of section
  70.80 of this title.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.20 - Authorized Dispositions; Traffic Infraction.

§ 60.20 Authorized dispositions; traffic infraction.
1. When a person is convicted of a traffic infraction, the sentence of
the court shall be as follows:
(a)  A  period  of  conditional  discharge,  as  provided  in  article
sixty-five; or
(b) Unconditional discharge as provided in section 65.20; or
(c) A fine or a sentence to  a  term  of  imprisonment,  or  both,  as
prescribed   in  and  authorized  by  the  provision  that  defines  the
infraction; or
(d) A sentence of intermittent imprisonment, as  provided  in  article
eighty-five.
2.  Where a sentence of conditional discharge is imposed for a traffic
infraction, all incidents of the sentence shall be the same as would  be
applicable if the sentence were for a violation.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.21 - Authorized Dispositions; Driving While Intoxicated or Aggravated Driving While Intoxicated.

§ 60.21 Authorized dispositions; driving while intoxicated or aggravated
driving while intoxicated.
Notwithstanding  paragraph  (d) of subdivision two of section 60.01 of
  this article, when a person is to be sentenced upon a conviction  for  a
  violation  of  subdivision two, two-a or three of section eleven hundred
  ninety-two of the vehicle and traffic law, the court may  sentence  such
  person to a period of imprisonment authorized by article seventy of this
  title  and  shall  sentence  such  person  to  a  period of probation or
  conditional discharge in accordance with the provisions of section 65.00
  of this title and shall order the  installation  and  maintenance  of  a
  functioning  ignition  interlock  device.  Such  period  of probation or
  conditional  discharge  shall  run  consecutively  to  any   period   of
  imprisonment  and  shall commence immediately upon such person's release
  from imprisonment.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.25 - Authorized Dispositions; Corporation.

§ 60.25 Authorized dispositions; corporation.
When  a  corporation  is  convicted of an offense, the sentence of the
court shall be as follows:
(a) A fine authorized by section 80.10; or
(b) Where  authorized  by  section  65.05,  a  period  of  conditional
discharge as provided in that section; or
(c)  Where  authorized  by  section  65.20, unconditional discharge as
provided in that section.
In any case where a corporation has been  sentenced  to  a  period  of
conditional  discharge  and  such  sentence  is revoked, the court shall
sentence the corporation to pay a fine.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.28 - Authorized Disposition; Making Graffiti and Possession of Graffiti Instruments.

§  60.28  Authorized  disposition;  making  graffiti  and  possession of
graffiti instruments.
When a person is convicted of an offense defined in section 145.60  or
  145.65 of this chapter, or of an attempt to commit such offense, and the
  sentence imposed by the court for such conviction includes a sentence of
  probation  or conditional discharge, the court shall, where appropriate,
  include as a condition  of  such  sentence  the  defendant's  successful
  participation in a graffiti removal program pursuant to paragraph (h) of
  subdivision two of section 65.10 of this chapter.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.29 - Authorized Disposition; Cemetery Desecration.

§ 60.29 Authorized disposition; cemetery desecration.
When  a person is convicted of an offense defined in section 145.22 or
  145.23 of this chapter or of an attempt to commit such an  offense,  and
  the  sentence  imposed  by  the  court  for  such  conviction includes a
  sentence of probation or conditional  discharge,  such  sentence  shall,
  where  appropriate,  be  in accordance with paragraph (h) of subdivision
  two of section 65.10 of this article as such section relates to cemetery
  crime.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.30 - Civil Penalties.

§ 60.30 Civil penalties.
This  article does not deprive the court of any authority conferred by
  law to decree a forfeiture of property, suspend  or  cancel  a  license,
  remove  a  person from office, or impose any other civil penalty and any
  appropriate order exercising such authority may be included as  part  of
  the judgment of conviction.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.36 - Authorized Dispositions; Driving While Intoxicated Offenses.

§ 60.36 Authorized dispositions; driving while intoxicated offenses.
Where  a  court  is imposing a sentence for a violation of subdivision
  two, two-a, or three of section eleven hundred ninety-two of the vehicle
  and traffic law pursuant to sections 65.00 or 65.05 of this  title  and,
  as a condition of such sentence, orders the installation and maintenance
  of  an ignition interlock device, the court may impose any other penalty
  authorized pursuant  to  section  eleven  hundred  ninety-three  of  the
  vehicle and traffic law.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.37 - Authorized Disposition; Certain Offenses.

§ 60.37 Authorized disposition; certain offenses.
When  a  person  has  been charged with an offense and the elements of
  such offense meet the criteria of an "eligible offense" and such  person
  qualifies  as  an "eligible person" as such terms are defined in section
  four hundred fifty-eight-l of the social services law, the court may, as
  a condition of adjournment in contemplation of dismissal  in  accordance
  with  section  170.55  of  the criminal procedure law, or a condition of
  probation  or  a  conditional  discharge,  direct  that  the   defendant
  participate  in  an education reform program pursuant to subdivision two
  of section four hundred fifty-eight-l of the social services law.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 65 - Sentences of Probation, Conditional Discharge and Unconditional Discharge › 65.05 - Sentence of Conditional Discharge.

§ 65.05 Sentence of conditional discharge.
1.  Criteria.  (a)  Except as otherwise required by section 60.05, the
court may impose a sentence of conditional discharge for an  offense  if
the  court, having regard to the nature and circumstances of the offense
and to the history, character and condition of the defendant, is of  the
opinion  that  neither the public interest nor the ends of justice would
be served by a sentence of imprisonment and that  probation  supervision
is not appropriate.
(b)  When a sentence of conditional discharge is imposed for a felony,
the court shall set forth in the record the reasons for its action.
2. Sentence. Except to the  extent  authorized  by  paragraph  (d)  of
subdivision two of section 60.01 of this chapter, when the court imposes
a sentence of conditional discharge the defendant shall be released with
respect  to  the  conviction  for  which the sentence is imposed without
imprisonment or probation supervision but subject, during the period  of
conditional  discharge,  to  such conditions as the court may determine.
The court shall impose the period of conditional discharge authorized by
subdivision three of this section and shall specify, in accordance  with
section  65.10,  the  conditions to be complied with.  If a defendant is
sentenced pursuant to paragraph (e) of subdivision two of section  65.10
of  this  chapter,  the  court  shall  require  the administrator of the
program to provide written notice to  the  court  of  any  violation  of
program  participation by the defendant. 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 conditional discharge.
3. Periods of  conditional  discharge.  Unless  terminated  sooner  in
accordance  with  the  criminal procedure law, the period of conditional
discharge shall be as follows:
(a) Three years in the case of a felony; and
(b) One year in the case of a misdemeanor or a violation.
Where the court has required, as a condition of the sentence, that the
defendant make restitution of the fruits of his or her offense  or  make
reparation  for  the loss caused thereby and such condition has not been
satisfied, the court, at any time prior to the expiration or termination
of the period of conditional discharge, may impose an additional period.
The length of the additional period shall be fixed by the court  at  the
time  it  is  imposed  and  shall not be more than two years. All of the
incidents of the original sentence, including the authority of the court
to modify or enlarge the conditions, shall continue to apply during such
additional period.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 65 - Sentences of Probation, Conditional Discharge and Unconditional Discharge › 65.20 - Sentence of Unconditional Discharge.

§ 65.20 Sentence of unconditional discharge.
1.  Criteria.  The  court  may  impose  a  sentence  of  unconditional
  discharge in any case where it is authorized to  impose  a  sentence  of
  conditional discharge under section 65.05 if the court is of the opinion
  that  no  proper  purpose would be served by imposing any condition upon
  the defendant's release.
When a sentence of unconditional discharge is imposed  for  a  felony,
  the court shall set forth in the record the reasons for its action.
2.  Sentence.  When  the  court  imposes  a  sentence of unconditional
  discharge,  the  defendant  shall  be  released  with  respect  to   the
  conviction  for which the sentence is imposed without imprisonment, fine
  or probation supervision. A sentence of unconditional discharge  is  for
  all purposes a final judgment of conviction.
2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 70 - Sentences of Imprisonment › 70.05 - Sentence of Imprisonment for Juvenile Offender.

§ 70.05 Sentence of imprisonment for juvenile offender.
1.  Indeterminate  sentence.  A  sentence of imprisonment for a felony
committed by a juvenile offender shall  be  an  indeterminate  sentence.
When  such  a sentence is imposed, the court shall impose a maximum term
in accordance with the provisions of subdivision two of this section and
the minimum period of imprisonment shall be as provided  in  subdivision
three  of  this  section.  The  court shall further provide that where a
juvenile offender is under placement pursuant to article  three  of  the
family court act, any sentence imposed pursuant to this section which is
to  be  served  consecutively  with  such placement shall be served in a
facility designated pursuant to subdivision four  of  section  70.20  of
this  article  prior  to  service  of  the  placement  in any previously
designated facility.
2. Maximum term of sentence. The  maximum  term  of  an  indeterminate
sentence  for  a juvenile offender shall be at least three years and the
term shall be fixed as follows:
(a) For the class A felony of murder in the second  degree,  the  term
shall be life imprisonment;
(b)  For  the  class A felony of arson in the first degree, or for the
class A felony of kidnapping in the first degree the term shall be fixed
by the court, and shall be at least twelve years but  shall  not  exceed
fifteen years;
(c)  For  a  class B felony, the term shall be fixed by the court, and
shall not exceed ten years;
(d) For a class C felony, the term shall be fixed by  the  court,  and
shall not exceed seven years; and
(e)  For  a  class  D felony, the term shall be fixed by the court and
shall not exceed four years.
3. Minimum period of imprisonment. The minimum period of  imprisonment
under  an  indeterminate  sentence  for  a  juvenile  offender  shall be
specified in the sentence as follows:
(a) For the class A felony of murder in the second degree, the minimum
period of imprisonment shall be fixed by the court and shall be not less
than five years but shall not exceed nine years provided, however,  that
where the sentence is for an offense specified in subdivision one or two
of  section  125.25  of  this  chapter and the defendant was fourteen or
fifteen years old at the time of such offense,  the  minimum  period  of
imprisonment  shall  be not less than seven and one-half years but shall
not exceed fifteen years;
(b) For the class A felony of arson in the first degree,  or  for  the
class  A felony of kidnapping in the first degree, the minimum period of
imprisonment shall be fixed by the court and shall be not less than four
years but shall not exceed six years; and
(c) For a class B, C or D felony, the minimum period  of  imprisonment
shall be fixed by the court at one-third of the maximum term imposed.