2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 80 - Fines › 80.00 - Fine for Felony.

§ 80.00 Fine for felony.
1. A sentence to pay a fine for a felony shall be a sentence to pay an
amount, fixed by the court, not exceeding the higher of
a. five thousand dollars; or
b.  double  the  amount of the defendant's gain from the commission of
the crime or, if the defendant  is  convicted  of  a  crime  defined  in
article  four  hundred ninety-six of this chapter, any higher amount not
exceeding three times the  amount  of  the  defendant's  gain  from  the
commission of such offense; or
c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
(i) for A-I felonies, one hundred thousand dollars;
(ii) for A-II felonies, fifty thousand dollars;
(iii) for B felonies, thirty thousand dollars;
(iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support.
2.  As  used in this section the term "gain" means the amount of money
or the value of property derived from the commission of the crime,  less
the  amount  of money or the value of property returned to the victim of
the crime or seized by or surrendered to lawful authority prior  to  the
time sentence is imposed.
3.  When the court imposes a fine for a felony pursuant to paragraph b
of subdivision one of this section, the court shall make a finding as to
the amount of the defendant's gain from the crime. If  the  record  does
not  contain  sufficient evidence to support such a finding or to permit
adequate consideration of  the  matters  specified  in  paragraph  c  of
subdivision  one  of  this section, the court may conduct a hearing upon
such issues.
4. Exception. The provisions of this section  shall  not  apply  to  a
corporation.
5. All moneys in excess of five thousand dollars received or collected
in  payment of a fine imposed pursuant to paragraph c of subdivision one
of this section are the property of the state and the state  comptroller
shall deposit all such fines to the rehabilitative alcohol and substance
treatment  fund  established  pursuant to section ninety-seven-cc of the
state finance law.
6. Notwithstanding any inconsistent provision of  subdivision  one  of
this  section  a  sentence  to  pay a fine for a felony set forth in the
vehicle and traffic law shall be a sentence to pay an  amount  fixed  by
the  court in accordance with the provisions of the law that defines the
crime.
7. When the court imposes a fine pursuant to section 145.22 or  145.23
of this chapter, the court shall direct that no less than ten percent of
such  fine  be  credited to the state cemetery vandalism restoration and
administration fund created pursuant to section  ninety-seven-r  of  the
state finance law.