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Article 380 - Sentencing in General
380.10 - Applicability. - 1. In general. The procedure prescribed by this title applies...
380.20 - Sentence Required. - The court must pronounce sentence in every case where a...
380.30 - Time for Pronouncing Sentence. - (a) Fix a date for pronouncing sentence; or (b) Fix...
380.40 - Defendant's Presence at Sentencing. - 1. In general. The defendant must be personally present at...
380.50 - Statements at Time of Sentence. - (1) the victim as indicated in the accusatory instrument; or...
380.55 - Application for Poor Person Relief on Appeal. - 1. Where counsel has been assigned to represent a defendant...
380.60 - Authority for the Execution of Sentence. - Except where a sentence of death is pronounced, a sentence...
380.65 - Sentence and Commitment and Order of Protection to Accompany Defendant Sentenced to Imprisonment. - defendant sentenced to imprisonment. A sentence and commitment or certificate...
380.70 - Minutes of Sentence. - In any case where a person receives an indeterminate or...
380.80 - Reporting Sentence to Social Services. - Whenever a person receives a sentence of imprisonment, the court...
380.85 - Reporting Sentences to Office of Professional Medical Conduct; Licensed Physician, Physician Assistant, or Specialist Assistant. - licensed physician, physician assistant, or specialist assistant. Whenever a person...
380.90 - Reporting Sentences to Schools. - 1. "Designated educational official" shall mean (a) an employee or...
380.95 - Reporting Convictions of Certain School Employees. - Upon conviction of a teacher, as defined in subparagraph three...
380.95*2 - Reporting Convictions of Certain School Employees. - Upon conviction of a school administrator or supervisor, as defined...
380.96 - Obligation of Sentencing Court Pursuant to Article Four Hundred of the Penal Law. - of the penal law. Upon judgment of conviction of any...
380.97 - Notification to Division of Criminal Justice Services of Certain Misdemeanor Convictions. - certain misdemeanor convictions. Upon judgment of conviction of assault in...
Article 390 - Pre-Sentence Reports
390.10 - Requirement of Fingerprint Report. - In any case where the defendant is convicted of an...
390.15 - Requirement of HIV Related Testing in Certain Cases. - (b) For the purposes of this section, the terms "defendant",...
390.20 - Requirement of Pre-Sentence Report. - (a) A sentence of probation except where the provisions of...
390.30 - Scope of Pre-Sentence Investigation and Report. - (b) The report shall also contain a victim impact statement,...
390.40 - Defendant's or Prosecutor's Pre-Sentence Memorandum. - 1. Either the defendant or prosecutor may, at any time...
390.50 - Confidentiality of Pre-Sentence Reports and Memoranda. - (b) The victim impact statement prepared pursuant to subdivision three...
390.60 - Copy of Reports to Accompany Defendant Sentenced to Imprisonment. - imprisonment. 1. Cases where copy of report is required. Whenever...
Article 400 - Pre-Sentence Proceedings
400.10 - Pre-Sentence Conference. - 1. Authorization and purpose. Before pronouncing sentence, the court, in...
400.15 - Procedure for Determining Whether Defendant Is a Second Violent Felony Offender. - (a) A hearing pursuant to this section must be before...
400.16 - Procedure for Determining Whether Defendant Is a Persistent Violent Felony Offender. - violent felony offender. 1. Applicability. The provisions of this section...
400.19 - Procedure for Determining Whether Defendant Is a Second Child Sexual Assault Felony Offender. - (b) Regardless of whether the age of the victim is...
400.20 - Procedure for Determining Whether Defendant Should Be Sentenced as a Persistent Felony Offender. - (a) The dates and places of the previous convictions which...
400.21 - Procedure for Determining Whether Defendant Is a Second Felony Offender or a Second Felony Drug Offender. - (b) A previous conviction in this or any other jurisdiction...
400.22 - Evidence of Imprisonment. - The certificate of the commissioner of correction or of the...
400.27 - Procedure for Determining Sentence Upon Conviction for the Offense of Murder in the First Degree. - (b) In order to be deemed established, an aggravating factor...
400.30 - Procedure for Determining the Amount of a Fine Based Upon the Defendant's Gain From the Offense. - defendant's gain from the offense. 1. Order directing a hearing....
400.40 - Procedure for Determining Prior Convictions for the Purpose of Sentence in Certain Cases. - sentence in certain cases. 1. Applicability. Where a conviction is...
Article 410 - Sentences of Probation, Conditional Discharge and Parole Supervision
410.10 - Specification of Conditions of the Sentence. - 1. When the court pronounces a sentence of probation or...
410.20 - Modification or Enlargement of Conditions. - 1. The court may modify or enlarge the conditions of...
410.30 - Declaration of Delinquency. - If at any time during the period of a sentence...
410.40 - Notice to Appear, Warrant. - (b) If the court in which the warrant is returnable...
410.50 - Custody and Supervision of Probationers. - 1. Custody. A person who is under a sentence of...
410.60 - Appearance Before Court. - A person who has been taken into custody pursuant to...
410.70 - Hearing on Violation. - 1. In general. The court may not revoke a sentence...
410.80 - Transfer of Supervision of Probationers. - (i) In transfers involving a defendant sentenced to probation upon...
410.90 - Termination of Sentence. - (i) the probationer is no longer in need of such...
410.90-A - Superior Court; Youth Part. - Notwithstanding any other provisions of this article, all proceedings relating...
410.91 - Sentence of Parole Supervision. - 1. A sentence of parole supervision is an indeterminate sentence...
Article 420 - Fines, Restitution and Reparation
420.05 - Payment of Fines, Mandatory Surcharges and Fees by Credit Card. - When the court imposes a fine, mandatory surcharge or fee...
420.10 - Collection of Fines, Restitution or Reparation. - (i) That the defendant pay the entire amount at the...
420.20 - Collection of Fines, Restitution or Reparation Imposed Upon Corporations. - corporations. Where a corporation is sentenced to pay a fine,...
420.30 - Remission of Fines, Restitution or Reparation. - (b) The court shall give each person given notice a...
420.35 - Mandatory Surcharge and Crime Victim Assistance Fee; Applicability to Sentences Mandating Payment of Fines. - (a) the imposition of such surcharge or fee would work...
420.40 - Deferral of a Mandatory Surcharge; Financial Hardship Hearings. - 1. Applicability. The procedure specified in this section governs the...
420.45 - Post-Trial Motion Relating to Certain Instruments Affecting Residential Real Property. - residential real property. 1. When a defendant has been convicted...
Article 430 - Sentences of Imprisonment
430.10 - Sentence of Imprisonment Not to Be Changed After Commencement. - Except as otherwise specifically authorized by law, when the court...
430.20 - Commitment of Defendant. - (a) In counties contained within New York City or in...
430.30 - Duty to Deliver Defendant. - In counties contained within New York City and in counties...