2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.30 - Time for Pronouncing Sentence.

§ 380.30 Time for pronouncing sentence.
1. In general. Sentence must be pronounced without unreasonable delay.
2.  Court to fix time.  Upon entering a conviction the court must:
(a)  Fix a date for pronouncing sentence; or
(b)    Fix a date for one of the pre-sentence proceedings specified in
article four hundred; or
(c)   Pronounce sentence on the date  the  conviction  is  entered  in
accordance with the provisions of subdivision three.
* 2. Court to fix time. Upon entering a conviction the court must:
(a) Fix a date for pronouncing sentence; or
(b)  Fix  a  date for one of the pre-sentence proceedings specified in
article four hundred; or
(c) Issue  an  order  deferring  sentencing  in  accordance  with  the
provisions of subdivision three of this section; or
(d)  Pronounce  sentence  on  the  date  the  conviction is entered in
accordance with the provisions of subdivision three.
* NB Expired March 31, 1994
3.   Sentence on date of conviction.    The  court  may  sentence  the
defendant at the time the conviction is entered if:
(a)  A pre-sentence report or a fingerprint report is not required; or
(b)  Where any such report is required, the report has been received.
Provided,  however,  that the court may not pronounce sentence at such
time without inquiring as to whether an adjournment is  desired  by  the
defendant.   Where an adjournment is requested, the defendant must state
the purpose thereof and the  court  may,  in  its  discretion,  allow  a
reasonable time.
*  3.  Deferral  of  sentencing. The court may defer sentencing of any
offender convicted of a class C, D, or E felony offense  under  articles
two  hundred  twenty  and two hundred twenty-one of the penal law or any
class D or E felony offense under  articles  one  hundred  fifteen,  one
hundred  forty,  one  hundred  forty-five,  one  hundred fifty-five, one
hundred sixty-five, one hundred seventy and one hundred  ninety  of  the
penal  law,  to  a  specified  date no later than twelve months from the
entering of a conviction if:
(a) The defendant stands convicted of his or her first felony offense;
and
(b) Pursuant to a plea agreement or the  recommendation  contained  in
the pre-sentence report the judge is inclined to impose an indeterminate
term of imprisonment; and
(c)  The  court  believes that prompt institutional confinement is not
necessary to preserve the safety  and  security  of  society,  that  the
individual  may  benefit from the rehabilitative opportunities presented
by the  deferral  of  sentencing,  that  absent  such  a  rehabilitative
opportunity  there  is  a  likelihood  that  the  court  would impose an
indeterminate sentence  of  imprisonment,  and  that  upon  satisfactory
completion  of  the period of deferral the court would be more likely to
impose a sentence other than an indeterminate sentence  of  imprisonment
under article seventy of the penal law.
In  conjunction  with  a  deferral of sentencing the court may require
that  the  defendant  observe  specified  conditions  of   conduct   and
participate   in   such  rehabilitative  programs  as  the  court  deems
appropriate. Upon application of the people made at any time during  the
period  of  sentence  deferral,  or  where  the  court believes that the
defendant may have violated the terms  or  conditions  of  the  deferral
order,  and  the  court  determines  that such a violation occurred, the
court may terminate the deferral order and set a date for sentencing.
Nothing contained in  this  subdivision  shall  limit  the  sentencing
options  which  were  available to the court prior to the issuance of an
order pursuant to paragraph (c) of subdivision two of this section.
* NB Expired March 31, 1994
4.    Time for pre-sentence proceedings.  The court may conduct one or
more of the pre-sentence proceedings specified in article  four  hundred
at  any  time  before  sentence  is  pronounced.    Notice  of  any such
proceeding issued after the date for pronouncing sentence has been fixed
automatically adjourns the date for pronouncing sentence.  In such  case
the  court must fix a date for pronouncing sentence at the conclusion of
such proceeding.