New York Penal Law § 70.00

´╗┐Sentence of Imprisonment for Felony

Except as provided in § 70.00(4), (5), and (6) or § 70.80 of Art. 70 - Sentences of Imprisonment, a sentence of imprisonment for a felony, other than a felony defined in Art. 220 - Controlled Substances Offenses or Art. 221 - Offenses Involving Marihuana of the Penal Law, shall be an indeterminate sentence.

When such a sentence is imposed, the court shall impose a maximum term in accordance with the provisions of § 70.00(2) and the minimum period of imprisonment shall be as provided in § 70.00(3).

The maximum term of an indeterminate sentence shall be at least three years and the term shall be fixed as follows:

(a) For a class A felony, the term shall be life imprisonment;

(b) For a class B felony, the term shall be fixed by the court, and shall not exceed 25 years;

(c) For a class C felony, the term shall be fixed by the court, and shall not exceed 15 years;

(d) For a class D felony, the term shall be fixed by the court, and shall not exceed seven years; and

(e) For a class E felony, the term shall be fixed by the court, and shall not exceed four years.

The minimum period of imprisonment under an indeterminate sentence shall be at least one year and shall be fixed as follows:

(a) In the case of a class A felony, the minimum period shall be fixed by the court and specified in the sentence.

(i) For a class A-I felony, such minimum period shall be 15 to 25 years; provided, however, that

(A) where a sentence, other than a sentence of death or life imprisonment without parole, is imposed upon a defendant convicted of murder in the first degree as defined in § 125.27 such minimum period shall be 20 to 25 years, and,

(B) where a sentence is imposed upon a defendant convicted of murder in the second degree as defined in § 125.25(5) or convicted of aggravated murder as defined in § 125.26, the sentence shall be life imprisonment without parole, and,

(C) where a sentence is imposed upon a defendant convicted of attempted murder in the first degree as defined in Art. 110 - Attempt and § 125.27(1)(a)(i), (ii), or (iii) and (1)(b) or attempted aggravated murder as defined in Art. 110 - Attempt and § 125.26 such minimum period shall be 20 to 40 years.

(ii) For a class A-II felony, such minimum period shall be three years to eight years, four months, except that for the class A-II felony of predatory sexual assault as defined in § 130.95 or the class A-II felony of predatory sexual assault against a child as defined in § 130.96, such minimum period shall be 10 to 25 years.

(b) For any other felony, the minimum period shall be fixed by the court and specified in the sentence and shall be one year to one-third of the maximum term imposed.

When a person, other than a second or persistent felony offender, is sentenced for a class D or class E felony, and 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 an indeterminate or determinate sentence, the court may impose a definite sentence of imprisonment and fix a term of one year or less.

Notwithstanding any other provision of law, a defendant sentenced to life imprisonment without parole shall not be or become eligible for parole or conditional release.

For purposes of commitment and custody, other than parole and conditional release, such sentence shall be deemed to be an indeterminate sentence.

A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of murder in the first degree as defined in § 125.27 and in accordance with the procedures provided by law for imposing a sentence for such crime.

A defendant must be sentenced to life imprisonment without parole upon conviction for

  • the crime of terrorism as defined in § 490.25, where the specified offense the defendant committed is a class A-I felony; the crime of
  • criminal possession of a chemical weapon or biological weapon in the first degree as defined in § 490.45; or the crime of
  • criminal use of a chemical weapon or biological weapon in the first degree as defined in § 490.55;

provided, however, that nothing in this subdivision shall preclude or prevent a sentence of death when the defendant is also convicted of the crime of murder in the first degree as defined in § 125.27.

A defendant must be sentenced to life imprisonment without parole upon conviction for the crime of murder in the second degree as defined in § 125.25(5) or for the crime of aggravated murder as defined in § 125.26(1).

A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of aggravated murder as defined in § 125.26(2).

Except as provided in § 70.00(4) and § 70.02(2) and (4), when a person is sentenced as a

  • violent felony offender pursuant to § 70.02 or as a
  • second violent felony offender pursuant to § 70.04 or as a
  • second felony offender on a conviction for a violent felony offense pursuant to § 70.06,

the court must impose a determinate sentence of imprisonment in accordance with the provisions of such sections and such sentence shall include, as a part thereof, a period of post-release supervision in accordance with § 70.45.