reglab/statecodes huggingface dataset:
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 360 - Jury Trial › 360.35 - Trial Jury; Alternate Juror.

§ 360.35  Trial jury; alternate juror.
1.   Immediately after the last trial juror is sworn, the court may in
  its discretion direct the selection of  either  one  or  two  additional
  jurors  to be known as "alternate jurors."  The alternate jurors must be
  drawn in the same manner, must have the  same  qualifications,  must  be
  subject  to  the same examination and challenges for cause and must take
  the same oath as the regular jurors.  Whether or not a  party  has  used
  its  peremptory  challenge  in  the  selection  of  the  trial jury, one
  peremptory challenge is authorized in the  selection  of  the  alternate
  jurors.
2.   The provisions of section 270.35 with respect to alternate jurors
  are also applicable to a trial jury in a local criminal court.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 360 - Jury Trial › 360.40 - Trial Jury; Conduct of Jury Trial in General.

§ 360.40  Trial jury; conduct of jury trial in general.
A jury trial of an information must be conducted generally in the same
  manner  as  a  jury  trial  of  an  indictment,  and the rules governing
  preliminary instructions by the court, supervision of the  jury,  motion
  practice  and other procedural matters involved in the conduct of a jury
  trial of an indictment are, where appropriate, applicable to the conduct
  of a jury trial of an information.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 360 - Jury Trial › 360.45 - Court's Charge and Instructions; in General.

§ 360.45  Court's charge and instructions; in general.
The  general  principles,  prescribed in section 300.10, governing the
  court's charge to the jury and requests to charge upon  a  trial  of  an
  indictment,  are applicable to a jury trial of an information in a local
  criminal court.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 360 - Jury Trial › 360.50 - Court's Submission of Information to Jury; Counts and Offenses to Be Submitted.

§ 360.50  Court's submission of information to jury; counts and offenses
to be submitted.
1.  The term definitions contained in section 300.30 are applicable to
  this  section,  except  that the word "information" is to be substituted
  for the word "indictment" wherever the latter appears  in  said  section
  300.30.
2.    The  court  may  submit  to  the  jury  only  those counts of an
  information remaining therein at  the  time  of  its  charge  which  are
  supported  by  legally sufficient trial evidence, and every count not so
  supported should be dismissed by a trial order of  dismissal.    If  the
  trial  evidence  is  not  legally  sufficient to establish a misdemeanor
  charged in a  particular  count  which  the  court  would  otherwise  be
  required  to  submit pursuant to this section, but is legally sufficient
  to establish a lesser included offense, the court may submit such lesser
  included offense and, upon  the  people's  request,  must  do  so.    In
  submitting  a  count  charging  a  misdemeanor  established  by  legally
  sufficient trial evidence, the court in its discretion may, in  addition
  to  submitting  such  misdemeanor,  submit in the alternative any lesser
  included offense if there is a reasonable view  of  the  evidence  which
  would support a finding that the defendant committed such lesser offense
  but did not commit the misdemeanor charged.
3.    If the information contains but one count, the court must submit
  such count.
4.  If a multiple count information contains consecutive counts  only,
  the court must submit every count thereof.
5.  In any case where the information may be more complex by reason of
  concurrent  counts  or inconsistent counts or other factors indicated in
  subdivisions three,  four  and  five  of  section  300.40,  relating  to
  multiple  count  indictments,  the  court,  in  its  submission  of such
  information to the jury, should, so far as practicable, be guided by the
  provisions of the said subdivisions of said section 300.40.
6.  Notwithstanding any other provision of this section, the court  is
  not  required  to  submit to the jury any particular count of a multiple
  count information if the people consent that it not be submitted.
7.  Every count not submitted to the  jury  is  deemed  to  have  been
  dismissed  by the court.  Where the court, over objection of the people,
  refuses to submit a  count  which  is  consecutive  as  to  every  count
  actually  submitted,  such  count  is deemed to have been dismissed by a
  trial order of dismissal even though no such order was expressly made by
  the court.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 360 - Jury Trial › 360.55 - Deliberation and Verdict of Jury.

§ 360.55  Deliberation and verdict of jury.
The   provisions   of   article   three  hundred  ten,  governing  the
  deliberation and verdict of a jury upon a jury trial of an indictment in
  a superior court, are applicable to a jury trial of an information in  a
  local criminal court.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 370 - Proceedings From Verdict to Sentence › 370.10 - Proceedings From Verdict to Sentence.

§ 370.10  Proceedings from verdict to sentence.
The   provisions  of  article  three  hundred  thirty,  governing  the
  proceedings  from  verdict  to  sentence  in  an  action  prosecuted  by
  indictment  in  a  superior  court,  are  applicable to a prosecution by
  information in a  local  criminal  court;  provided,  however,  where  a
  judicial  hearing  officer  has  conducted the trial pursuant to section
  350.20 of this chapter, all references  to  a  court  therein  shall  be
  deemed references to such judicial hearing officer.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 370 - Proceedings From Verdict to Sentence › 370.25 - Procedure for the Surrender of Firearms, Rifles and Shotguns Upon Judgment of Conviction for a Felony or a Serious Offense.

§ 370.25 Procedure  for  the  surrender of firearms, rifles and shotguns
upon judgment  of  conviction  for  a  felony  or  a  serious
offense.
1.  Upon judgment of conviction for a felony or a serious offense, the
  court shall inquire  of  the  defendant  as  to  the  existence  of  all
  firearms,  rifles  and  shotguns  he or she owns or possesses. The court
  shall order the immediate surrender, pursuant  to  subparagraph  (f)  of
  paragraph  one  of  subdivision a of section 265.20 of the penal law and
  subdivision six of section 400.05 of  the  penal  law,  of  any  or  all
  firearms, rifles and shotguns owned or possessed by the defendant.
2.  The  court  ordering  the  surrender  of  any  firearms, rifles or
  shotguns as provided in this section shall immediately notify  the  duly
  constituted  police  authorities  of the locality of such action and the
  division of state police at its office in the city of Albany. The  court
  shall  direct  the authority receiving such surrendered firearms, rifles
  and shotguns to immediately notify the court of such surrender.
3. The disposition of any firearms,  rifles  or  shotguns  surrendered
  pursuant  to  this section shall be in accordance with the provisions of
  subdivision six of section 400.05 of the penal law.
4. The provisions of this  section  shall  not  be  deemed  to  limit,
  restrict  or  otherwise  impair  the authority of the court to order and
  direct the surrender of any or all firearms, rifles and  shotguns  owned
  or possessed by a defendant pursuant to any other provision of law.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.10 - Applicability.

§ 380.10  Applicability.
1.    In  general.   The procedure prescribed by this title applies to
  sentencing for every offense, whether defined within or outside  of  the
  penal  law;  provided,  however,  where  a  judicial hearing officer has
  conducted the trial pursuant to section  350.20  of  this  chapter,  all
  references to a court herein shall be deemed references to such judicial
  hearing officer.
2.    Exception.    Whenever  a different or inconsistent procedure is
  provided by any other law in relation to sentencing for  a  non-criminal
  offense  defined  therein,  such  different  or  inconsistent  procedure
  applies thereto.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.20 - Sentence Required.

§ 380.20  Sentence required.
The  court must pronounce sentence in every case where a conviction is
  entered.  If an accusatory instrument contains  multiple  counts  and  a
  conviction  is  entered  on more than one count the court must pronounce
  sentence on each count.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.40 - Defendant's Presence at Sentencing.

§ 380.40  Defendant's presence at sentencing.
1.   In general.  The defendant must be personally present at the time
  sentence is pronounced.
2.  Exception.  Where sentence is to be pronounced for  a  misdemeanor
  or  for  a  petty  offense,  the  court may, on motion of the defendant,
  dispense with the requirement that the defendant be personally  present.
  Any such motion must be accompanied by a waiver, signed and acknowledged
  by  the defendant, reciting the maximum sentence that may be imposed for
  the offense and stating that  the  defendant  waives  the  right  to  be
  personally present at the time sentence is pronounced.
3.  Corporations.  Sentence may be pronounced against a corporation in
  the  absence  of  counsel  if  counsel  fails  to  appear on the date of
  sentence after reasonable notice thereof.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.55 - Application for Poor Person Relief on Appeal.

§ 380.55 Application for poor person relief on appeal.
1.  Where  counsel  has  been  assigned  to represent a defendant in a
  criminal action on the ground that the defendant is  financially  unable
  to  retain  counsel,  the  court  may  in  its discretion at the time of
  sentencing entertain an application to grant the defendant  poor  person
  relief  on  appeal.  As part of an application for such relief, assigned
  counsel must represent that the defendant continues to be  eligible  for
  assignment  of  counsel  and that granting the application will expedite
  the appeal. If the court grants the application, it shall file a written
  order and shall provide a copy of the order to the appropriate appellate
  court. The denial of an application shall  not  preclude  the  defendant
  from  making  a  de  novo  application  for  poor  person  relief to the
  appropriate appellate court.
2. Where counsel has been assigned  to  represent  a  defendant  in  a
  criminal  action  on the ground that the defendant is financially unable
  to retain counsel, the  appellate  court  shall  presume  the  defendant
  eligible  for  assignment  of counsel on appeal without further proof of
  eligibility, and, thereby, issue an order  assigning  such  counsel,  if
  counsel  provides a sworn representation that the defendant continues to
  be eligible for assignment of counsel.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.60 - Authority for the Execution of Sentence.

§ 380.60 Authority for the execution of sentence.
Except  where  a  sentence  of  death  is  pronounced,  a sentence and
  commitment or certificate of conviction showing the sentence  pronounced
  by the court, or a certified copy thereof, constitutes the authority for
  execution  of the sentence and serves as the order of commitment, and no
  other warrant, order of commitment or authority is necessary to  justify
  or to require execution of the sentence.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.65 - Sentence and Commitment and Order of Protection to Accompany Defendant Sentenced to Imprisonment.

§ 380.65 Sentence  and  commitment  and order of protection to accompany
defendant sentenced to imprisonment.
A sentence and commitment or certificate of conviction, specifying the
  section, and to the extent applicable, the  subdivision,  paragraph  and
  subparagraph of the penal law or other statute under which the defendant
  was  convicted,  or a certified copy thereof, and a copy of any order of
  protection or temporary order of protection issued against the defendant
  at the time of sentencing, must be delivered to the person in charge  of
  the  correctional  facility  or  office  of children and family services
  facility to which the defendant is committed at the time  the  defendant
  is  delivered  thereto.  A  sentence  and  commitment  or certificate of
  conviction is not defective by reason of a failure to  comply  with  the
  provisions of this section.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.70 - Minutes of Sentence.

* § 380.70 Minutes of sentence.
In  any  case  where a person receives an indeterminate or determinate
  sentence of imprisonment, a certified copy of the  stenographic  minutes
  of  the  sentencing  proceeding  must  be  delivered by the court to the
  person in charge of the institution to  which  the  defendant  has  been
  delivered within thirty days from the date such sentence was imposed.
* NB Effective until September 1, 2025
  * § 380.70 Minutes of sentence.
In  any  case  where  a  person  receives an indeterminate sentence of
  imprisonment or a reformatory or alternative local reformatory  sentence
  of  imprisonment,  a  certified  copy of the stenographic minutes of the
  sentencing proceeding must be delivered by the court to  the  person  in
  charge  of  the  institution  to  which the defendant has been delivered
  within thirty days from the date such sentence was imposed.
* NB Effective September 1, 2025
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.80 - Reporting Sentence to Social Services.

§ 380.80 Reporting sentence to social services.
Whenever  a person receives a sentence of imprisonment, the court that
  has sentenced such person shall deliver the  certificate  of  conviction
  and  provide notification of the sentence imposed to the commissioner of
  social  services  who,  in  turn,  shall  deliver  the  certificate   of
  conviction  and  provide  notification  of  the  sentence imposed to the
  appropriate local commissioner of social services.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.85 - Reporting Sentences to Office of Professional Medical Conduct; Licensed Physician, Physician Assistant, or Specialist Assistant.

§ 380.85 Reporting  sentences to office of professional medical conduct;
licensed  physician,  physician  assistant,  or  specialist
assistant.
Whenever a person who is a licensed physician, physician assistant, or
  specialist  assistant  or  a physician who is practicing under a limited
  permit or as a medical resident is sentenced for a crime, the court that
  has sentenced such person shall deliver a copy  of  the  certificate  of
  conviction  and  provide  notification of the conviction and sentence to
  the office of professional medical conduct.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.90 - Reporting Sentences to Schools.

§ 380.90 Reporting sentences to schools.
1.  "Designated  educational  official"  shall mean (a) an employee or
  representative of a school district who  is  designated  by  the  school
  district  or  (b)  an  employee or representative of a charter school or
  private elementary or secondary school who is designated by such  school
  to  receive  records  pursuant  to  this  section  and to coordinate the
  student's participation in  programs  which  may  exist  in  the  school
  district   or  community,  including:  non-violent  conflict  resolution
  programs,  peer  mediation  programs  and  youth  courts,  extended  day
  programs and other school violence prevention and intervention programs.
2.  Whenever  a  person under the age of nineteen who is enrolled as a
  student in a  public  or  private  elementary  or  secondary  school  is
  sentenced  for  a  crime, the court that has sentenced such person shall
  provide notification of the conviction and sentence  to  the  designated
  educational official of the school in which such person is enrolled as a
  student.  Such  notification shall be used by the designated educational
  official only for purposes related to the  execution  of  the  student's
  educational  plan,  where  applicable,  successful school adjustment and
  reentry into the community. Such notification shall be kept separate and
  apart from such student's school records and shall be accessible only by
  the designated educational official. Such notification shall not be part
  of such student's permanent school record and shall not be  appended  to
  or  included  in  any  documentation regarding such student and shall be
  destroyed at such time as such student is  no  longer  enrolled  in  the
  school  district.  At  no  time  shall such notification be used for any
  purpose other than those specified in this subdivision.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.95 - Reporting Convictions of Certain School Employees.

* § 380.95 Reporting convictions of certain school employees.
Upon  conviction  of  a  teacher,  as defined in subparagraph three of
  paragraph b of subdivision seven-a of section three hundred five of  the
  education  law, of a sex offense or sex offenses defined in subparagraph
  two of paragraph b of subdivision seven-a of section three hundred  five
  of  the  education  law,  the  district  attorney  or  other prosecuting
  authority who obtained such conviction  shall  provide  notice  of  such
  conviction  to the commissioner of education identifying the sex offense
  or sex offenses of which the teacher has been convicted,  the  name  and
  address of such offender and other identifying information prescribed by
  the  commissioner  of  education, including the offender's date of birth
  and social security number, to the extent consistent  with  federal  and
  state   laws   governing   personal   privacy   and  confidentiality  of
  information. Such district attorney or other prosecuting authority shall
  include in such notice the name and business address of  the  offender's
  counsel of record in the criminal proceeding.
* NB There are 2 § 380.95's
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.95*2 - Reporting Convictions of Certain School Employees.

* § 380.95 Reporting convictions of certain school employees.
Upon conviction of a school administrator or supervisor, as defined in
  subparagraph  three  of  paragraph  b  of subdivision seven-b of section
  three hundred five of the  education  law,  of  an  offense  defined  in
  subparagraph  two of paragraph b of subdivision seven-b of section three
  hundred five of the  education  law,  the  district  attorney  or  other
  prosecuting  authority who obtained such conviction shall provide notice
  of such conviction to the  commissioner  of  education  identifying  the
  offense  of  which  the  school  administrator  or  supervisor  has been
  convicted, the name and address of such offender and  other  identifying
  information  prescribed  by the commissioner of education, including the
  offender's date of birth and  social  security  number,  to  the  extent
  consistent  with  federal  and state laws governing personal privacy and
  confidentiality  of  information.  Such  district  attorney   or   other
  prosecuting authority shall include in such notice the name and business
  address of the offender's counsel of record in the criminal proceeding.
* NB There are 2 § 380.95's
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.96 - Obligation of Sentencing Court Pursuant to Article Four Hundred of the Penal Law.

§ 380.96 Obligation of sentencing court pursuant to article four hundred
of the penal law.
Upon  judgment  of  conviction  of any offense which would require the
  seizure of firearms, shotguns or rifles from an individual so convicted,
  and the revocation of any license or  registration  issued  pursuant  to
  article  four  hundred  of the penal law, the judge pronouncing sentence
  shall demand surrender of any  such  license  or  registration  and  all
  firearms,  shotguns and rifles. The failure to so demand surrender shall
  not effect the validity of  any  revocation  pursuant  to  article  four
  hundred of the penal law.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.97 - Notification to Division of Criminal Justice Services of Certain Misdemeanor Convictions.

§ 380.97 Notification  to  division  of  criminal  justice  services  of
certain misdemeanor convictions.
Upon judgment of conviction of assault in the third  degree,  menacing
  in the third degree, menacing in the second degree, criminal obstruction
  of  breathing  or blood circulation, unlawful imprisonment in the second
  degree, coercion in the third degree, criminal tampering  in  the  third
  degree,  criminal contempt in the second degree, harassment in the first
  degree, or aggravated harassment in the second degree, criminal trespass
  in the third degree, criminal trespass in the second  degree,  arson  in
  the fifth degree, or attempt to commit any of the above-listed offenses,
  when  the defendant and victim have been determined, pursuant to section
  370.15 of this part, to be members of the same family  or  household  as
  defined  in subdivision one of section 530.11 of this chapter, the clerk
  of the court shall include  notification  and  a  copy  of  the  written
  determination in a report of such conviction to the division of criminal
  justice  services to enable the division to report such determination to
  the Federal Bureau of Investigation and assist the bureau in identifying
  persons prohibited from purchasing and possessing  a  firearm  or  other
  weapon  due  to  conviction  of  an  offense specified in paragraph c of
  subdivision seventeen of section 265.00 of the penal law.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 390 - Pre-Sentence Reports › 390.10 - Requirement of Fingerprint Report.

§ 390.10  Requirement of fingerprint report.
In  any  case where the defendant is convicted of an offense specified
  in subdivision one of  section  160.10,  the  court  may  not  pronounce
  sentence until it has received a fingerprint report from the division of
  criminal  justice services or a police department report with respect to
  the defendant's prior arrest record.   For such purpose, the  court  may
  use  the  original  fingerprint  report  obtained  after  the  arrest or
  arraignment of the defendant, or it may direct  that  a  new  report  be
  prepared and transmitted to it.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 390 - Pre-Sentence Reports › 390.40 - Defendant's or Prosecutor's Pre-Sentence Memorandum.

§ 390.40 Defendant's or prosecutor's pre-sentence memorandum.
1.  Either  the  defendant or prosecutor may, at any time prior to the
  pronouncement of sentence, file with  the  court  a  written  memorandum
  setting  forth  any information he may deem pertinent to the question of
  sentence. Such memorandum may include information with respect to any of
  the matters described in section 390.30. The defendant may annex written
  statements by others in support of facts alleged in the memorandum.
2. The memorandum of the prosecutor shall be served on the defendant's
  attorney at least ten days prior to the date fixed for sentence.
3. The act of seeking health care for someone who  is  experiencing  a
  drug  or  alcohol  overdose  or other life threatening medical emergency
  shall be considered by the court when presented as a  mitigating  factor
  in  any criminal prosecution for a controlled substance, marihuana, drug
  paraphernalia, or alcohol related offense.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 390 - Pre-Sentence Reports › 390.60 - Copy of Reports to Accompany Defendant Sentenced to Imprisonment.

§   390.60   Copy   of  reports  to  accompany  defendant  sentenced  to
imprisonment.
1. Cases where copy of report is  required.    Whenever  a  person  is
  sentenced  to  a term of imprisonment, a copy of any pre-sentence report
  prepared, a copy of any pre-sentence memorandum filed by  the  defendant
  and a copy of any medical, psychiatric or social agency report submitted
  to  the  court  or  to  the  probation department in connection with the
  question of sentence must be delivered to the person in  charge  of  the
  correctional  or  division  for youth facility to which the defendant is
  committed at the time the defendant is delivered thereto.  When a person
  is committed to any hospital operated by the office of mental health  or
  referred to any program established pursuant to section four hundred one
  of  the  correction  law,  from  a correctional facility or division for
  youth facility, the person in charge of  the  correctional  facility  or
  division for youth facility shall ensure that a copy of any pre-sentence
  report  concerning  such  person,  a copy of any pre-sentence memorandum
  filed by such person, and a copy of any medical, psychiatric  or  social
  agency  report  submitted to the court or to the probation department in
  connection with the question of sentence is provided to such hospital or
  program.
2. Effect of failure to deliver required report.  A commitment is  not
  void  by  reason of failure to comply with the provisions of subdivision
  one, but the person in charge of the correctional facility to which  the
  defendant  has been delivered in execution of the sentence is authorized
  to refuse to accept custody of such person until the required report  is
  delivered.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 400 - Pre-Sentence Proceedings › 400.10 - Pre-Sentence Conference.

§ 400.10 Pre-sentence conference.
1.  Authorization and purpose. Before pronouncing sentence, the court,
  in its discretion, may hold one or more pre-sentence conferences in open
  court or in chambers in order to (a) resolve any  discrepancies  between
  the  pre-sentence  report,  or other information the court has received,
  and the defendant's or prosecutor's  pre-sentence  memorandum  submitted
  pursuant to section 390.40, or (b) assist the court in its consideration
  of any matter relevant to the sentence to be pronounced.
2.  Attendance.  Such  conference  may be held with the prosecutor and
  defense counsel in the absence of the defendant, or the court may direct
  that the defendant attend. The court may also direct that any person who
  has furnished or who can furnish information  to  the  court  concerning
  sentence  attend.  Reasonable  notice of the conference must be given to
  the prosecutor  and  the  defense  counsel,  who  must  be  afforded  an
  opportunity to participate therein.
3.  Procedure  at conference. The court may advise the persons present
  at the conference of the factual contents of any report or memorandum it
  has received and afford  any  of  the  participants  an  opportunity  to
  controvert  or  to  comment  upon any fact. The court may also conduct a
  summary hearing at the conference on any matter relevant to sentence and
  may take testimony under oath. In the discretion of the  court,  all  or
  any part of the proceedings at the conference may be recorded by a court
  stenographer and the transcript made part of the pre-sentence report.
4.  Pre-sentence  conditions. After conviction and prior to sentencing
  the court may adjourn sentencing to a  subsequent  date  and  order  the
  defendant  to  comply with any of the conditions contained in paragraphs
  (a) through (f) and paragraph (l) of subdivision two of section 65.10 of
  the  penal  law.  In  imposing  sentence,  the  court  shall  take  into
  consideration  the  defendant's  record  of compliance with pre-sentence
  conditions ordered by the court.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 400 - Pre-Sentence Proceedings › 400.16 - Procedure for Determining Whether Defendant Is a Persistent Violent Felony Offender.

§  400.16  Procedure  for  determining whether defendant is a persistent
violent felony offender.
1. Applicability. The provisions of this section govern the  procedure
  that  must be followed in any case where it appears that a defendant who
  stands convicted of a violent felony offense as defined  in  subdivision
  one  of  section 70.02 of the penal law has previously been subjected to
  two or more predicate violent felony convictions as defined in paragraph
  (b) of subdivision one of section 70.04, and may be a persistent violent
  felony offender as defined in section 70.08 of the penal law.
2. Statement; preliminary  examination;  hearing;  subsequent  use  of
  predicate  violent felony conviction finding. The requirements set forth
  in subdivisions two, three, four, five, six, seven and eight of  section
  400.15   with   respect  to  the  statement  to  be  filed,  preliminary
  examination, hearing and subsequent use of a  predicate  violent  felony
  conviction  finding  in  the  case  of a second violent felony offender,
  shall also apply to a determination of  whether  a  defendant  has  been
  subjected  to  two or more violent predicate felony convictions and is a
  persistent violent felony offender.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 400 - Pre-Sentence Proceedings › 400.22 - Evidence of Imprisonment.

§ 400.22  Evidence of imprisonment.
The  certificate of the commissioner of correction or of the warden or
  other chief officer of any prison, or of  the  superintendent  or  other
  chief  officer  of  any  penitentiary  under  the  seal  of  his  office
  containing name of person, a statement of the court in which  conviction
  was  had,  the date and term of sentence, length of time imprisoned, and
  date of discharge from prison or  penitentiary,  shall  be  prima  facie
  evidence  of  the  imprisonment  and  discharge  of any person under the
  conviction stated and set forth in such certificate for the purposes  of
  any proceeding under section 400.20.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 400 - Pre-Sentence Proceedings › 400.30 - Procedure for Determining the Amount of a Fine Based Upon the Defendant's Gain From the Offense.

§  400.30  Procedure for determining the amount of a fine based upon the
defendant's gain from the offense.
1.  Order directing a hearing.  In any case where the court is of  the
  opinion  that the sentence should consist of or include a fine and that,
  pursuant to article eighty of the penal law,  the  amount  of  the  fine
  should  be  based  upon  the defendant's gain from the commission of the
  offense, the court may order a hearing to determine the amount  of  such
  gain.    The  order  must  be filed with the clerk of the court and must
  specify a date for the hearing not less than ten days after  the  filing
  of the order.
2.    Notice of hearing.   Upon receipt of the order, the clerk of the
  court must send a notice of the hearing to the  defendant,  his  counsel
  and  the district attorney.  Such notice must specify the time and place
  of the hearing and the fact that the purpose thereof is to determine the
  amount of the defendant's gain from the commission  of  the  offense  so
  that an appropriate fine can be imposed.
3.    Hearing.    When the defendant appears for the hearing the court
  must ask him whether he wishes to make any statement with respect to the
  amount of his gain from the commission of the offense.  If the defendant
  does make a statement, the court may accept such statement and base  its
  finding  thereon.    Where  the  defendant does not make a statement, or
  where the court does  not  accept  the  defendant's  statement,  it  may
  proceed with the hearing.
4.    Burden  and  standard  of proof; evidence.   At any hearing held
  pursuant to this section the burden of proof rests upon the people.    A
  finding  as to the amount of the defendant's gain from the commission of
  the offense must be based upon a preponderance of  the  evidence.    Any
  relevant evidence, not legally privileged, may be received regardless of
  its admissibility under the exclusionary rules of evidence.
5.    Termination  of  hearing.   At any time during the pendency of a
  hearing pursuant to this section  the  court  may,  in  its  discretion,
  terminate the hearing without making any finding.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 400 - Pre-Sentence Proceedings › 400.40 - Procedure for Determining Prior Convictions for the Purpose of Sentence in Certain Cases.

§ 400.40  Procedure for determining prior convictions for the purpose of
sentence in certain cases.
1.   Applicability.  Where a conviction is entered for an unclassified
  misdemeanor or for a traffic  infraction  and  the  authorized  sentence
  depends upon whether the defendant has a previous judgment of conviction
  for an offense, or where a conviction is entered for a violation defined
  outside  the  penal law and the amount of the fine authorized by the law
  defining such  violation  depends  upon  whether  the  defendant  has  a
  previous judgment of conviction for an offense, such issue is determined
  as provided in this section.
2.    Statement  to be filed.   If it appears that the defendant has a
  previous judgment of conviction and if the court is required, or in  its
  discretion desires, to impose a sentence that would not be authorized in
  the  absence  of such previous judgment, a statement must be filed after
  conviction and before sentence setting forth the date and place  of  the
  previous  judgment  or judgments and the court must conduct a hearing to
  determine whether the defendant is the  same  person  mentioned  in  the
  record  of  such  judgment or judgments.  In any case where an increased
  sentence is mandatory, the statement may be filed by the court or by the
  prosecutor.  In any case where an increased sentence  is  discretionary,
  the statement may be filed only by the court.
3.    Preliminary examination.   The defendant must be given a copy of
  such statement and the court must ask him whether he  admits  or  denies
  such  prior  judgment or judgments.  If the defendant denies the same or
  remains mute, the court may proceed with  the  hearing  and,  where  the
  increased sentence is mandatory, it must impose such.
4.    Time for hearing.  In any case where a copy of the statement was
  not received by the defendant at least two days prior to the preliminary
  examination, the court must upon  request  of  the  defendant  grant  an
  adjournment of at least two days before proceeding with the hearing.
5.   Manner of conducting hearing.  A hearing pursuant to this section
  must be before the court without a jury.  The burden of  proof  is  upon
  the  people  and  a finding that the defendant has been convicted of any
  offense alleged in the statement must  be  based  upon  proof  beyond  a
  reasonable  doubt  by  evidence admissible under the rules applicable to
  trial of the issue of guilt.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 410 - Sentences of Probation, Conditional Discharge and Parole Supervision › 410.10 - Specification of Conditions of the Sentence.

§ 410.10 Specification of conditions of the sentence.
1. When the court pronounces a sentence of probation or of conditional
  discharge  it  must specify as part of the sentence the conditions to be
  complied with. Where the sentence is one  of  probation,  the  defendant
  must  be  given a written copy of the conditions at the time sentence is
  imposed. In any case where the defendant is given a written copy of  the
  conditions,  a  copy  thereof  must be filed with and become part of the
  record of the case, and it is not necessary to  specify  the  conditions
  orally.
2.   Commission  of  an  additional  offense,  other  than  a  traffic
  infraction,  after  imposition  of  a  sentence  of  probation   or   of
  conditional  discharge,  and  prior  to expiration or termination of the
  period of the sentence, constitutes a  ground  for  revocation  of  such
  sentence  irrespective  of whether such fact is specified as a condition
  of the sentence.
3. When the court pronounces a sentence of  probation  or  conditional
  discharge  for a specified crime defined in paragraph (e) of subdivision
  one of section  six  hundred  thirty-two-a  of  the  executive  law,  in
  addition  to  specifying the conditions of the sentence, the court shall
  provide written notice to such defendant concerning any  requirement  to
  report  to  the office of victim services funds of a convicted person as
  defined in section six hundred thirty-two-a of the  executive  law,  the
  procedures for such reporting and any potential penalty for a failure to
  comply.
4.  When  the  court pronounces a sentence of probation or conditional
  discharge, the court shall provide that the  performance  of  bona  fide
  work  for an employer, including travel time to and from bona fide work,
  regardless if such work or  related  travel  time  is  performed  during
  curfew  times  set  by  conditions  of  probation,  parole,  presumptive
  release, conditional release, release to post-release supervision or any
  other type of supervised release, shall not be considered a violation of
  such sentence of probation or conditional  discharge.  For  purposes  of
  this  section,  bona  fide  work is work performed as an employee for an
  employer, as defined in section two of the labor law.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 410 - Sentences of Probation, Conditional Discharge and Parole Supervision › 410.20 - Modification or Enlargement of Conditions.

§ 410.20  Modification or enlargement of conditions.
1.    The  court may modify or enlarge the conditions of a sentence of
  probation  or  of  conditional  discharge  at  any  time  prior  to  the
  expiration  or  termination  of the period of the sentence.  Such action
  may not, however, be taken unless the defendant is  personally  present,
  except  that  the  defendant  need  not  be  present if the modification
  consists solely  of  the  elimination  or  relaxation  of  one  or  more
  conditions.    Whenever  the  defendant  has not been present, the court
  shall notify the  defendant  in  writing  within  twenty  days  of  such
  modification  specifying  the nature of the elimination or relaxation of
  such condition or conditions and the effective date thereof.     In  any
  such  case  the modification or enlargement may be specified in the same
  manner as the conditions originally imposed  and  becomes  part  of  the
  sentence.
2.   The procedure set forth in this section applies to the imposition
  of an additional  period  of  conditional  discharge  as  authorized  by
  subdivision three of section 65.05 of the penal law.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 410 - Sentences of Probation, Conditional Discharge and Parole Supervision › 410.30 - Declaration of Delinquency.

§ 410.30 Declaration of delinquency.
If  at  any  time  during  the period of a sentence of probation or of
  conditional discharge the court has reasonable cause to believe that the
  defendant has violated a condition of the sentence, it may  declare  the
  defendant delinquent and file a written declaration of delinquency. When
  the  court  receives  a  request  for  a declaration of delinquency by a
  probation officer, it shall make  a  decision  on  such  request  within
  seventy-two  hours  of its receipt of the request. Upon filing a written
  declaration of delinquency, the court must promptly take reasonable  and
  appropriate  action  to  cause the defendant to appear before it for the
  purpose of enabling the court to make a final determination with respect
  to the alleged delinquency in accordance with  section  410.70  of  this
  article.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 410 - Sentences of Probation, Conditional Discharge and Parole Supervision › 410.50 - Custody and Supervision of Probationers.

§ 410.50  Custody and supervision of probationers.
1.   Custody.  A person who is under a sentence of probation is in the
  legal custody of  the  court  that  imposed  it  pending  expiration  or
  termination of the period of the sentence.
2.    Supervision.    The  probation department serving the court that
  imposed a  sentence  of  probation  has  the  duty  of  supervising  the
  defendant during the period of such legal custody.
3.    Search order.  If at any time during the period of probation the
  court has reasonable cause to believe that the defendant has violated  a
  condition of the sentence, it may issue a search order.  Such order must
  be  directed  to  a  probation officer and may authorize such officer to
  search the person of the defendant  and/or  any  premises  in  which  he
  resides  or  any  real or personal property which he owns or which is in
  his possession.
4.  Taking custody without warrant.   When  a  probation  officer  has
  reasonable cause to believe that a person under his supervision pursuant
  to  a  sentence  of  probation has violated a condition of the sentence,
  such officer may, without a warrant, take the probationer  into  custody
  and search his person.
5.   Assistance by police officer.  In executing a search order, or in
  taking a person into custody, pursuant  to  this  section,  a  probation
  officer may be assisted by a police officer.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 410 - Sentences of Probation, Conditional Discharge and Parole Supervision › 410.60 - Appearance Before Court.

§ 410.60 Appearance before court.
A person who has been taken into custody pursuant to section 410.40 or
  section  410.50  of  this  article  for  violation  of  a condition of a
  sentence of probation  or  a  sentence  of  conditional  discharge  must
  forthwith be brought before the court that imposed the sentence. Where a
  violation of probation petition and report has been filed and the person
  has  not  been  taken  into  custody  nor  has a warrant been issued, an
  initial court appearance shall occur within ten  business  days  of  the
  court's  issuance  of  a  notice  to appear. If the court has reasonable
  cause to believe that such  person  has  violated  a  condition  of  the
  sentence,  it  may commit such person to the custody of the sheriff, fix
  bail, release such person under non-monetary conditions or release  such
  person  on  such  person's  own  recognizance for future appearance at a
  hearing to be held in accordance with section 410.70 of this article. If
  the court does not have reasonable cause to believe that such person has
  violated a condition of the sentence, it must direct that such person be
  released.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 410 - Sentences of Probation, Conditional Discharge and Parole Supervision › 410.90 - Termination of Sentence.

§ 410.90 Termination of sentence.
1.  The  court may at any time terminate either a period of probation,
other than a period of lifetime probation, for conviction to a crime  or
a period of conditional discharge for an offense.
2.  The  court may terminate a period of probation for a person who is
subject to lifetime probation and who has been  on  unrevoked  probation
for at least five consecutive years.
3.  (a)  The court shall grant a request for termination of a sentence
of probation under this section when, having regard to the  conduct  and
condition of the probationer, the court is of the opinion that:
(i) the probationer is no longer in need of such guidance, training or
other assistance which would otherwise be administered through probation
supervision;
(ii)  the  probationer  has  diligently  complied  with  the terms and
conditions of the sentence of probation; and
(iii) the termination of the sentence of probation is not  adverse  to
the protection of the public.
No  such  termination  shall  be granted unless the court is satisfied
that the probationer, who is otherwise financially able to  comply  with
an  order  of restitution or reparation, has made a good faith effort to
comply therewith.
(b) The court shall grant a request for termination of a  sentence  of
conditional  discharge  under  this  section  when, having regard to the
conduct and condition of the defendant, the  court  is  of  the  opinion
that:
(i)   the  defendant  has  diligently  complied  with  the  terms  and
conditions of the sentence of conditional discharge; and
(ii) termination of the  sentence  of  conditional  discharge  is  not
adverse to protection of the public.