§ 60.12 Authorized disposition; alternative indeterminate sentence of
imprisonment; domestic violence cases.
1. Notwithstanding any other provision of law, where a court is impos-
ing sentence pursuant to section 70.02 upon a conviction for an offense
enumerated in subdivision one of such section, other than an offense
defined in article one hundred thirty of this chapter, and is authorized
or required pursuant to such section to impose a determinate sentence of
imprisonment for such offense, the court, upon a determination following
a hearing that (a) the defendant was the victim of physical, sexual or
psychological abuse by the victim or intended victim of such offense,
(b) such abuse was a factor in causing the defendant to commit such
offense and (c) the victim or intended victim of such offense was a
member of the same family or household as the defendant as such term is
defined in subdivision one of section 530.11 of the criminal procedure
law, may, in lieu of imposing such determinate sentence of imprisonment,
impose an indeterminate sentence of imprisonment in accordance with
subdivisions two and three of this section.
2. The maximum term of an indeterminate sentence imposed pursuant to
subdivision one of this section must be fixed by the court as follows:
(a) For a class B felony, the term must be at least six years and must
not exceed twenty-five years;
(b) For a class C felony, the term must be at least four and one-half
years and must not exceed fifteen years;
(c) For a class D felony, the term must be at least three years and
must not exceed seven years; and
(d) For a class E felony, the term must be at least three years and
must not exceed four years.
3. The minimum period of imprisonment under an indeterminate sentence
imposed pursuant to subdivision one of this section must be fixed by the
court at one-half of the maximum term imposed and must be specified in
the sentence.
(For verification consult Official Text at Senate Gopher site.)