Authorized Dispositions

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When sentencing a person convicted of an offense, the court must impose either a revocable or an "other" disposition as prescribed in section 60.01 of the Penal Law.

Revocable Dispositions

Revocable dispositions are tentative and may later be altered or revoked.[1] Also, revocable dispositions generally are discretionary in that the sentencing court may instead require or impose an "other" disposition.[2]

There are four revocable dispositions: probation; conditional discharge; intermittent imprisonment; and, a fine combined with any of the preceding dispositions.[3]

With certain limitations, the sentencing court may combine imprisonment or intermittent imprisonment with probation or conditional discharge (also known as a "split" sentence). Imprisonment combined with probation or conditional discharge cannot exceed sixty days in the case of a misdemeanor, or six months in the case of a felony. Intermittent imprisonment combined with probation or conditional discharge cannot exceed four months in either case. The term of imprisonment or intermittent imprisonment is a condition of, and runs concurrently with, the sentence of probation or conditional discharge.[4]

When a conditional discharge is revoked, the resentencing court must impose probation (or a "split" sentence of imprisonment and probation).[5]

When probation is revoked, the resentencing court must impose imprisonment (or a "split" sentence of imprisonment and probation).[6]

"Other" Dispositions

Unless imposing a revocable disposition, or after revoking a revocable disposition, the sentencing or resentencing court must impose an "other" disposition.[7]

There are five "other" dispositions: imprisonment; a fine; both imprisonment and a fine; unconditional discharge; and probation (or a "split" sentence of imprisonment and probation) after revocation of a conditional discharge.[8]

A fine alone is not an authorized disposition for a conviction of a class B felony or any controlled substance felony defined in article 220 of the Penal Law.[9]

Felony Sentencing

Class A-1 felony

Class A-2 felony

Class B felony

Class C felony

Class D felony

Class E felony

Misdemeanor Sentencing

Class A misdemeanor

Class B misdemeanor

Unclassified misdemeanor

References

  1. Penal Law § 60.01 (2) (b).
  2. Penal Law § 60.01 (2) (a).
  3. Penal Law § 60.01 (2) (a), (c).
  4. Penal Law § 60.01 (2) (d).
  5. Penal Law § 60.01 (3) (e).
  6. Penal Law § 60.01 (4).
  7. Penal Law § 60.01 (3).
  8. Penal Law § 60.01 (3) (a)-(e).
  9. Penal Law § 60.01 (3) (b).