2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 70 - Sentences of Imprisonment › 70.25 - Concurrent and Consecutive Terms of Imprisonment.

§ 70.25 Concurrent and consecutive terms of imprisonment.
1.  Except  as  provided  in  subdivisions two, two-a and five of this
section, when multiple sentences of imprisonment are imposed on a person
at the same time, or when a person who is subject  to  any  undischarged
term of imprisonment imposed at a previous time by a court of this state
is  sentenced  to  an  additional  term of imprisonment, the sentence or
sentences  imposed  by  the  court  shall  run  either  concurrently  or
consecutively  with  respect  to each other and the undischarged term or
terms in such manner as the court directs at the time  of  sentence.  If
the  court does not specify the manner in which a sentence imposed by it
is to run, the sentence shall run as follows:
* (a) An indeterminate or determinate sentence shall run  concurrently
with all other terms; and
* NB Effective until September 1, 2025
* (a)  An indeterminate sentence shall run concurrently with all other
terms; and
* NB Effective September 1, 2025
(b) A definite sentence  shall  run  concurrently  with  any  sentence
imposed at the same time and shall be consecutive to any other term.
2.  When more than one sentence of imprisonment is imposed on a person
for two or more offenses committed through a single act or omission,  or
through  an  act  or  omission  which  in  itself constituted one of the
offenses and also was a material element of the  other,  the  sentences,
except  if  one  or more of such sentences is for a violation of section
270.20 of this chapter, must run concurrently.
* 2-a. When an indeterminate or determinate sentence  of  imprisonment
is  imposed  pursuant  to  section  70.04,  70.06,  70.07, 70.08, 70.10,
subdivision three or four of section 70.70, subdivision three or four of
section 70.71 or subdivision five of section 70.80 of this  article,  or
is  imposed  for  a  class  A-I felony pursuant to section 70.00 of this
article, and such person is subject to an undischarged indeterminate  or
determinate  sentence of imprisonment imposed prior to the date on which
the present crime was committed, the court must impose a sentence to run
consecutively with respect to such undischarged sentence.
* NB Effective until September 1, 2025
* 2-a. When an indeterminate or determinate sentence  of  imprisonment
is  imposed  pursuant  to  section  70.04,  70.06,  70.07, 70.08, 70.10,
subdivision three or four of section 70.70, subdivision three or four of
section 70.71 or subdivision five of section 70.80 of this  article,  or
is  imposed  for  a  class  A-I felony pursuant to section 70.00 of this
article, and such person is subject  to  an  undischarged  indeterminate
sentence  of imprisonment imposed prior to the date on which the present
crime  was  committed,  the  court  must  impose  a  sentence   to   run
consecutively with respect to such undischarged sentence.
* NB Effective September 1, 2025
* 2-b.  When  a  person  is  convicted  of  a  violent  felony offense
committed after arraignment and while released on recognizance or  bail,
but  committed  prior  to the imposition of sentence on a pending felony
charge, and if an indeterminate or determinate sentence of  imprisonment
is  imposed  in  each  case,  such  sentences  shall  run consecutively.
Provided, however, that the court may, in the interest of justice, order
a  sentence  to  run  concurrently  in  a  situation  where  consecutive
sentences are required by this subdivision if it finds either mitigating
circumstances  that bear directly upon the manner in which the crime was
committed or, where the defendant was not the sole  participant  in  the
crime,  the  defendant's participation was relatively minor although not
so minor as to constitute a defense to the  prosecution.  The  defendant
and  the district attorney shall have an opportunity to present relevant

information to assist the court in making  this  determination  and  the
court  may,  in  its  discretion,  conduct a hearing with respect to any
issue bearing upon such determination.  If  the  court  determines  that
consecutive  sentences  should not be ordered, it shall make a statement
on  the  record  of  the  facts  and  circumstances  upon   which   such
determination is based.
* NB Effective until September 1, 2025
* 2-b.  When  a  person  is  convicted  of  a  violent  felony offense
committed after arraignment and while released on recognizance or  bail,
but  committed  prior  to the imposition of sentence on a pending felony
charge, and if an indeterminate sentence of imprisonment is  imposed  in
each  case,  such  sentences shall run consecutively. Provided, however,
that the court may, in the interest of justice, order a sentence to  run
concurrently  in a situation where consecutive sentences are required by
this subdivision if it finds either mitigating circumstances  that  bear
directly  upon the manner in which the crime was committed or, where the
defendant was not the sole participant in  the  crime,  the  defendant's
participation   was  relatively  minor  although  not  so  minor  as  to
constitute a defense to the prosecution. The defendant and the  district
attorney  shall  have  an opportunity to present relevant information to
assist the court in making this determination and the court may, in  its
discretion,  conduct  a  hearing  with respect to any issue bearing upon
such determination. If the court determines that  consecutive  sentences
should  not  be  ordered, it shall make a statement on the record of the
facts and circumstances upon which such determination is based.
* NB Effective September 1, 2025
2-c. When a person is convicted of bail jumping in the  second  degree
as  defined  in  section  215.56  or bail jumping in the first degree as
defined in section 215.57 committed after arraignment and while released
on recognizance or bail in  connection  with  a  pending  indictment  or
information  charging  one or more felonies, at least one of which he is
subsequently convicted, and if an indeterminate sentence of imprisonment
is imposed  in  each  case,  such  sentences  shall  run  consecutively.
Provided, however, that the court may, in the interest of justice, order
a  sentence  to  run  concurrently  in  a  situation  where  consecutive
sentences are required  by  this  subdivision  if  it  finds  mitigating
circumstances  that bear directly upon the manner in which the crime was
committed. The  defendant  and  the  district  attorney  shall  have  an
opportunity  to  present  relevant  information  to  assist the court in
making this determination and the court may, in its discretion,  conduct
a  hearing with respect to any issue bearing upon such determination. If
the court determines that consecutive sentences should not  be  ordered,
it  shall  make a statement on the record of the facts and circumstances
upon which such determination is based.
2-d. When a person is convicted of escape  in  the  second  degree  as
defined  in  section  205.10 or escape in the first degree as defined in
section 205.15 committed after issuance of a securing order, as  defined
in  subdivision five of section 500.10 of the criminal procedure law, in
connection with a pending indictment or information charging one or more
felonies, at least one of which he is subsequently convicted, and if  an
indeterminate  sentence  of  imprisonment  is imposed in each case, such
sentences shall run consecutively. Provided,  however,  that  the  court
may, in the interest of justice, order a sentence to run concurrently in
a situation where consecutive sentences are required by this subdivision
if  it finds mitigating circumstances that bear directly upon the manner
in which the  crime  was  committed.  The  defendant  and  the  district
attorney  shall  have  an opportunity to present relevant information to
assist the court in making this determination and the court may, in  its

discretion,  conduct  a  hearing  with respect to any issue bearing upon
such determination. If the court determines that  consecutive  sentences
should  not  be  ordered, it shall make a statement on the record of the
facts and circumstances upon which such determination is based.
2-e.  Whenever  a  person  is  convicted  of  course of sexual conduct
against a child in the first degree as  defined  in  section  130.75  or
course of sexual conduct against a child in the second degree as defined
in  section  130.80 and any other crime under article one hundred thirty
committed against the same child and within  the  period  charged  under
section 130.75 or 130.80, the sentences must run concurrently.
2-f. Whenever a person is convicted of facilitating a sex offense with
a controlled substance as defined in section 130.90 of this chapter, the
sentence  imposed  by  the  court for such offense may be ordered to run
consecutively to any sentence imposed  upon  conviction  of  an  offense
defined  in  article one hundred thirty of this chapter arising from the
same criminal transaction.
2-g. Whenever  a  person  is  convicted  of  unlawful  manufacture  of
methamphetamine in the third degree as defined in section 220.73 of this
chapter, unlawful manufacture of methamphetamine in the second degree as
defined  in  section  220.74 of this chapter, or unlawful manufacture of
methamphetamine in the first degree as defined in section 220.75 of this
chapter, or any attempt to commit any of such offenses, and such  person
is  also  convicted,  with  respect  to  such  unlawful  methamphetamine
laboratory, of unlawful disposal of methamphetamine laboratory  material
as  defined  in  section  220.76 of this chapter, the sentences must run
concurrently.
3. Where  consecutive  definite  sentences  of  imprisonment  are  not
prohibited  by  subdivision  two  of  this  section and are imposed on a
person for offenses which were committed as parts of a  single  incident
or  transaction,  the aggregate of the terms of such sentences shall not
exceed one year.
4. When  a  person,  who  is  subject  to  any  undischarged  term  of
imprisonment   imposed  at  a  previous  time  by  a  court  of  another
jurisdiction,  is  sentenced  to  an  additional  term   or   terms   of
imprisonment by a court of this state, the sentence or sentences imposed
by  the  court  of this state, subject to the provisions of subdivisions
one, two and three of this section, shall  run  either  concurrently  or
consecutively  with  respect to such undischarged term in such manner as
the court directs at the time of sentence. If the court  of  this  state
does not specify the manner in which a sentence imposed by it is to run,
the sentence or sentences shall run consecutively.
5. * (a) Except as provided in paragraph (c) of this subdivision, when
a  person  is  convicted  of assault in the second degree, as defined in
subdivision seven of section  120.05  of  this  chapter,  any  definite,
indeterminate  or  determinate term of imprisonment which may be imposed
as a sentence upon  such  conviction  shall  run  consecutively  to  any
undischarged term of imprisonment to which the defendant was subject and
for which he was confined at the time of the assault.
* NB Effective until September 1, 2025
* (a)  Except as provided in paragraph (c) of this subdivision, when a
person is convicted of assault in  the  second  degree,  as  defined  in
subdivision  seven  of  section  120.05 of this chapter, any definite or
indeterminate term of imprisonment which may be imposed  as  a  sentence
upon such conviction shall run consecutively to any undischarged term of
imprisonment  to  which  the  defendant was subject and for which he was
confined at the time of the assault.
* NB Effective September 1, 2025
* (b) Except as provided in paragraph (c) of this subdivision, when  a
person  is  convicted  of  assault  in  the second degree, as defined in
subdivision seven of section  120.05  of  this  chapter,  any  definite,
indeterminate  or  determinate term of imprisonment which may be imposed
as  a  sentence upon such conviction shall run consecutively to any term
of  imprisonment  which  was  previously  imposed  or   which   may   be
prospectively  imposed  where the person was confined within a detention
facility at the time of the assault upon a charge  which  culminated  in
such sentence of imprisonment.
* NB Effective until September 1, 2025
* (b)  Except as provided in paragraph (c) of this subdivision, when a
person is convicted of assault in  the  second  degree,  as  defined  in
subdivision  seven  of  section  120.05 of this chapter, any definite or
indeterminate term of imprisonment which may be imposed  as  a  sentence
upon such conviction shall run consecutively to any term of imprisonment
which was previously imposed or which may be prospectively imposed where
the  person  was confined within a detention facility at the time of the
assault upon a charge which culminated in such sentence of imprisonment.
* NB Effective September 1, 2025
(c) Notwithstanding the provisions of paragraphs (a) and (b)  of  this
subdivision, a term of imprisonment imposed upon a conviction to assault
in  the  second degree as defined in subdivision seven of section 120.05
of this chapter may run concurrently to any other term of  imprisonment,
in  the interest of justice, provided the court sets forth in the record
its reasons for imposing a concurrent sentence. Nothing in this  section
shall  require  the imposition of a sentence of imprisonment where it is
not otherwise required by law.