2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.05 - Authorized Dispositions; Other Class A, B, Certain C and D Felonies and Multiple Felony Offenders.

§ 60.05 Authorized  dispositions;  other  class  A,  B,  certain C and D
felonies and multiple felony offenders.
1. Applicability. Except as provided in section 60.04 of this  article
governing  the  authorized  dispositions  applicable  to felony offenses
defined in article two hundred twenty or two hundred twenty-one of  this
chapter  or  in  section  60.13 of this article governing the authorized
dispositions applicable to felony sex offenses defined in paragraph  (a)
of  subdivision  one  of section 70.80 of this title, this section shall
govern the dispositions authorized when a person is to be sentenced upon
a conviction of a class A felony, a class B felony or a class C, class D
or class E felony specified herein, or when a person is to be  sentenced
upon a conviction of a felony as a multiple felony offender.
2.  Class  A felony. Except as provided in subdivisions three and four
of section 70.06 of this chapter, every person convicted of  a  class  A
felony  must  be  sentenced  to  imprisonment in accordance with section
70.00 of this title, unless such person is convicted of  murder  in  the
first  degree  and is sentenced in accordance with section 60.06 of this
article.
3. Class B felony. Except as  provided  in  subdivision  six  of  this
section,  every  person convicted of a class B violent felony offense as
defined in subdivision one of section  70.02  of  this  title,  must  be
sentenced  to  imprisonment  in accordance with such section 70.02; and,
except as provided in subdivision six  of  this  section,  every  person
convicted  of any other class B felony must be sentenced to imprisonment
in accordance with section 70.00 of this title.
4. Certain class C felonies. Except as provided  in  subdivision  six,
every person convicted of a class C violent felony offense as defined in
subdivision  one  of  section  70.02 of this title, must be sentenced to
imprisonment in accordance with section 70.02 of this title; and, except
as provided in subdivision six of this section, every  person  convicted
of  the  class  C  felonies  of:  attempt  to  commit any of the class B
felonies of bribery in the first degree as defined  in  section  200.04,
bribe  receiving  in  the  first  degree  as  defined in section 200.12,
conspiracy in the  second  degree  as  defined  in  section  105.15  and
criminal  mischief  in  the  first  degree as defined in section 145.12;
criminal usury in  the  first  degree  as  defined  in  section  190.42,
rewarding  official misconduct in the first degree as defined in section
200.22, receiving reward for official misconduct in the first degree  as
defined  in section 200.27, attempt to promote prostitution in the first
degree as defined in  section  230.32,  promoting  prostitution  in  the
second degree as defined in section 230.30, arson in the third degree as
defined  in  section  150.10  of  this  chapter,  must  be  sentenced to
imprisonment in accordance with section 70.00 of this title.
5. Certain class D felonies. Except as provided in subdivision six  of
this  section, every person convicted of the class D felonies of assault
in the second degree as defined in section 120.05, strangulation in  the
second  degree as defined in section 121.12 or attempt to commit a class
C felony as defined in section 230.30 of this chapter, must be sentenced
in accordance with section 70.00 or 85.00 of this title.
6. Multiple felony offender. When the court imposes  sentence  upon  a
second violent felony offender, as defined in section 70.04, or a second
felony  offender,  as  defined in section 70.06, the court must impose a
sentence of imprisonment in accordance with section 70.04 or  70.06,  as
the  case  may  be,  unless  it  imposes  a  sentence of imprisonment in
accordance with section 70.08 or 70.10.
7. Fines. Where the  court  imposes  a  sentence  of  imprisonment  in
accordance  with  this  section,  the  court  also  may  impose  a  fine

authorized by article eighty and in such case the sentence shall be both
imprisonment and a fine.
8.  Shock  incarceration  participation.  (a) When the court imposes a
determinate sentence of imprisonment pursuant to  subdivision  three  of
section  70.02  of  this  chapter or subdivision six of section 70.06 of
this chapter upon a person who stands convicted either  of  burglary  in
the  second  degree  as  defined in subdivision two of section 140.25 of
this chapter or robbery in the second degree as defined  in  subdivision
one  of  section  160.10  of  this  chapter, or an attempt thereof, upon
motion of the defendant, the court may issue an order directing that the
department of corrections and community supervision enroll the defendant
in the shock incarceration program as defined in article twenty-six-A of
the  correction  law,  provided  that  the  defendant  is  an   eligible
incarcerated  individual,  as  described  in  subdivision one of section
eight hundred sixty-five of  the  correction  law.  Notwithstanding  the
foregoing  provisions  of this subdivision, any defendant to be enrolled
in such program pursuant to this subdivision shall be  governed  by  the
same  rules and regulations promulgated by the department of corrections
and community supervision, including without limitation those rules  and
regulations  establishing requirements for completion and such rules and
regulations governing discipline and removal from the program.
(b) Paragraph b of subdivision seven of section 60.04 of this  article
shall  apply in the event an incarcerated individual designated by court
order for enrollment in  the  shock  incarceration  program  requires  a
degree  of medical care or mental health care that cannot be provided at
a shock incarceration facility.