2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 70 - Sentences of Imprisonment › 70.70 - Sentence of Imprisonment for Felony Drug Offender Other Than a Class a Felony.

§ 70.70 Sentence  of  imprisonment for felony drug offender other than a
class A felony.
1. For the purposes of this section, the following terms shall mean:
(a) "Felony drug offender" means a defendant who stands  convicted  of
any  felony,  defined  in  article  two  hundred  twenty  or two hundred
twenty-two of this chapter other than a class A felony.
(b) "Second felony drug offender" means a second  felony  offender  as
that  term  is  defined  in  subdivision  one  of  section 70.06 of this
article, who stands convicted of any  felony,  defined  in  article  two
hundred  twenty  or  two hundred twenty-two of this chapter other than a
class A felony.
(c) "Violent felony" shall have the  same  meaning  as  that  term  is
defined in subdivision one of section 70.02 of this article.
2.  Except as provided in subdivision three or four of this section, a
sentence  of  imprisonment  for  a  felony  drug  offender  shall  be  a
determinate sentence as provided in paragraph (a) of this subdivision.
(a)  Term of determinate sentence. Except as provided in paragraph (b)
or (c) of this subdivision, the court shall impose a determinate term of
imprisonment upon a felony drug offender which shall be imposed  by  the
court  in  whole  or half years, which shall include as a part thereof a
period of post-release supervision in accordance with section  70.45  of
this  article. The terms of imprisonment authorized for such determinate
sentences are as follows:
(i) for a class B felony, the term shall be  at  least  one  year  and
shall  not  exceed  nine  years,  except  that for the class B felony of
criminal sale of a controlled substance in or  near  school  grounds  as
defined  in  subdivision  two  of section 220.44 of this chapter or on a
school bus as defined in subdivision seventeen of section 220.00 of this
chapter or criminal sale of a controlled substance to a child as defined
in section 220.48 of this chapter, the term shall be at least two  years
and shall not exceed nine years;
(ii)  for  a  class  C felony, the term shall be at least one year and
shall not exceed five and one-half years;
(iii) for a class D felony, the term shall be at least  one  year  and
shall not exceed two and one-half years; and
(iv)  for  a  class  E felony, the term shall be at least one year and
shall not exceed one and one-half years.
(b) Probation. Notwithstanding any other provision of law,  the  court
may  sentence  a  defendant  convicted of a class B, class C, class D or
class E felony offense defined in article  two  hundred  twenty  or  two
hundred  twenty-two  of this chapter to probation in accordance with the
provisions of sections 60.04 and 65.00 of this chapter.
(c) Alternative definite sentence for class B, class C, class  D,  and
class  E  felonies.  If  the  court,  having  regard  to  the nature and
circumstances of the crime and to  the  history  and  character  of  the
defendant,  is  of  the  opinion  that  a  sentence  of  imprisonment is
necessary but that it would be unduly  harsh  to  impose  a  determinate
sentence upon a person convicted of a class C, class D or class E felony
offense  defined in article two hundred twenty or two hundred twenty-two
of this chapter, or a class B felony  defined  in  article  two  hundred
twenty of this chapter, other than the class B felony defined in section
220.48  of  this  chapter,  as  added  by  a  chapter of the laws of two
thousand nine the court may impose a definite sentence  of  imprisonment
and fix a term of one year or less.
(d)  The  court  may  direct  that a determinate sentence imposed on a
defendant convicted of a class B felony, other than the class  B  felony
defined  in section 220.48 of this chapter, pursuant to this subdivision

be executed as a sentence  of  parole  supervision  in  accordance  with
section 410.91 of the criminal procedure law.
3. Sentence of imprisonment for second felony drug offender.
(a)  Applicability.  This  subdivision  shall apply to a second felony
drug offender whose prior felony conviction was not a violent felony.
(b) Except as  provided  in  paragraphs  (c),  (d)  and  (e)  of  this
subdivision,  when  the  court  has  found pursuant to the provisions of
section 400.21 of the criminal procedure  law  that  a  defendant  is  a
second  felony drug offender who stands convicted of a class B, class C,
class D or class E felony offense defined in article two hundred  twenty
or  two  hundred  twenty-two  of  this  chapter the court shall impose a
determinate sentence of imprisonment. Such  determinate  sentence  shall
include  as  a  part  thereof  a  period  of post-release supervision in
accordance with section  70.45  of  this  article.  The  terms  of  such
determinate  sentence  shall  be  imposed  by the court in whole or half
years as follows:
(i) for a class B felony, the term shall be at  least  two  years  and
shall not exceed twelve years;
(ii) for a class C felony, the term shall be at least one and one-half
years and shall not exceed eight years;
(iii)  for  a  class  D  felony,  the  term  shall be at least one and
one-half years and shall not exceed four years; and
(iv) for a class E felony, the term shall be at least one and one-half
years and shall not exceed two years.
(c) Probation. Notwithstanding any other provision of law,  the  court
may sentence a second felony drug offender convicted of a class B felony
to lifetime probation in accordance with the provisions of section 65.00
of this chapter and may sentence a second felony drug offender convicted
of  a class C, class D or class E felony to probation in accordance with
the provisions of section 65.00 of this chapter.
(d) Sentence of parole supervision. In the case of a person  sentenced
for  a  specified  offense or offenses as defined in subdivision five of
section 410.91 of the criminal procedure law, who stands convicted of no
other felony offense, who has not previously been convicted of either  a
violent  felony  offense  as defined in section 70.02 of this article, a
class A felony offense or a class B felony offense, and is not under the
jurisdiction of or awaiting delivery to the  department  of  corrections
and  community  supervision,  the  court  may  direct that a determinate
sentence imposed pursuant to this subdivision shall  be  executed  as  a
parole supervision sentence as defined in and pursuant to the procedures
prescribed in section 410.91 of the criminal procedure law.
(e)  Alternate  definite  sentence  for  class  C, class D and class E
felonies. If the court, having regard to the nature and circumstances of
the crime and to the history and character of the defendant, is  of  the
opinion  that  a sentence of imprisonment is necessary but that it would
be unduly harsh to impose a determinate sentence upon a person convicted
of a class C, class D or class E felony offense defined in  article  two
hundred  twenty or two hundred twenty-two of this chapter, the court may
impose a definite sentence of imprisonment and fix a term of one year or
less.
4. Sentence of imprisonment for second felony drug offender previously
convicted of a violent felony.
(a) Applicability. This subdivision shall apply  to  a  second  felony
drug offender whose prior felony conviction was a violent felony.
(b)  Authorized  sentence.  When  the  court has found pursuant to the
provisions of section 400.21  of  the  criminal  procedure  law  that  a
defendant is a second felony drug offender whose prior felony conviction
was  a violent felony, who stands convicted of a class B, class C, class

D or class E felony offense defined in article two hundred twenty or two
hundred twenty-two of this chapter, the court shall impose a determinate
sentence of imprisonment.  Such determinate sentence shall include as  a
part  thereof  a  period  of post-release supervision in accordance with
section 70.45 of this article. The terms of  such  determinate  sentence
shall be imposed by the court in whole or half years as follows:
(i)  for  a  class  B felony, the term shall be at least six years and
shall not exceed fifteen years;
(ii) for a class C felony, the  term  shall  be  at  least  three  and
one-half years and shall not exceed nine years;
(iii)  for  a  class  D  felony,  the  term  shall be at least two and
one-half years and shall not exceed four and one-half years; and
(iv) for a class E felony, the term shall be at least  two  years  and
shall not exceed two and one-half years.