N.Y. Penal Law § 60.05

§ 60.05 Authorized dispositions; other class A, B, certain C and D\n felonies and multiple felony offenders.\n 1. Applicability. Except as provided in section 60.04 of this article\ngoverning the authorized dispositions applicable to felony offenses\ndefined in article two hundred twenty or two hundred twenty-one of this\nchapter or in section 60.13 of this article governing the authorized\ndispositions applicable to felony sex offenses defined in paragraph (a)\nof subdivision one of section 70.80 of this title, this section shall\ngovern the dispositions authorized when a person is to be sentenced upon\na conviction of a class A felony, a class B felony or a class C, class D\nor class E felony specified herein, or when a person is to be sentenced\nupon a conviction of a felony as a multiple felony offender.\n 2. Class A felony. Except as provided in subdivisions three and four\nof section 70.06 of this chapter, every person convicted of a class A\nfelony must be sentenced to imprisonment in accordance with section\n70.00 of this title, unless such person is convicted of murder in the\nfirst degree and is sentenced in accordance with section 60.06 of this\narticle.\n 3. Class B felony. Except as provided in subdivision six of this\nsection, every person convicted of a class B violent felony offense as\ndefined in subdivision one of section 70.02 of this title, must be\nsentenced to imprisonment in accordance with such section 70.02; and,\nexcept as provided in subdivision six of this section, every person\nconvicted of any other class B felony must be sentenced to imprisonment\nin accordance with section 70.00 of this title.\n 4. Certain class C felonies. Except as provided in subdivision six,\nevery person convicted of a class C violent felony offense as defined in\nsubdivision one of section 70.02 of this title, must be sentenced to\nimprisonment in accordance with section 70.02 of this title; and, except\nas provided in subdivision six of this section, every person convicted\nof the class C felonies of: attempt to commit any of the class B\nfelonies of bribery in the first degree as defined in section 200.04,\nbribe receiving in the first degree as defined in section 200.12,\nconspiracy in the second degree as defined in section 105.15 and\ncriminal mischief in the first degree as defined in section 145.12;\ncriminal usury in the first degree as defined in section 190.42,\nrewarding official misconduct in the first degree as defined in section\n200.22, receiving reward for official misconduct in the first degree as\ndefined in section 200.27, attempt to promote prostitution in the first\ndegree as defined in section 230.32, promoting prostitution in the\nsecond degree as defined in section 230.30, arson in the third degree as\ndefined in section 150.10 of this chapter, must be sentenced to\nimprisonment in accordance with section 70.00 of this title.\n 5. Certain class D felonies. Except as provided in subdivision six of\nthis section, every person convicted of the class D felonies of assault\nin the second degree as defined in section 120.05, strangulation in the\nsecond degree as defined in section 121.12 or attempt to commit a class\nC felony as defined in section 230.30 of this chapter, must be sentenced\nin accordance with section 70.00 or 85.00 of this title.\n 6. Multiple felony offender. When the court imposes sentence upon a\nsecond violent felony offender, as defined in section 70.04, or a second\nfelony offender, as defined in section 70.06, the court must impose a\nsentence of imprisonment in accordance with section 70.04 or 70.06, as\nthe case may be, unless it imposes a sentence of imprisonment in\naccordance with section 70.08 or 70.10.\n 7. Fines. Where the court imposes a sentence of imprisonment in\naccordance with this section, the court also may impose a fine\nauthorized by article eighty and in such case the sentence shall be both\nimprisonment and a fine.\n 8. Shock incarceration participation. (a) When the court imposes a\ndeterminate sentence of imprisonment pursuant to subdivision three of\nsection 70.02 of this chapter or subdivision six of section 70.06 of\nthis chapter upon a person who stands convicted either of burglary in\nthe second degree as defined in subdivision two of section 140.25 of\nthis chapter or robbery in the second degree as defined in subdivision\none of section 160.10 of this chapter, or an attempt thereof, upon\nmotion of the defendant, the court may issue an order directing that the\ndepartment of corrections and community supervision enroll the defendant\nin the shock incarceration program as defined in article twenty-six-A of\nthe correction law, provided that the defendant is an eligible\nincarcerated individual, as described in subdivision one of section\neight hundred sixty-five of the correction law. Notwithstanding the\nforegoing provisions of this subdivision, any defendant to be enrolled\nin such program pursuant to this subdivision shall be governed by the\nsame rules and regulations promulgated by the department of corrections\nand community supervision, including without limitation those rules and\nregulations establishing requirements for completion and such rules and\nregulations governing discipline and removal from the program.\n (b) Paragraph b of subdivision seven of section 60.04 of this article\nshall apply in the event an incarcerated individual designated by court\norder for enrollment in the shock incarceration program requires a\ndegree of medical care or mental health care that cannot be provided at\na shock incarceration facility.\n