§ 60.01 Authorized dispositions; generally.
1. Applicability. Except as otherwise specified in this
article, when the court imposes sentence upon a person convicted
of an offense, the court must impose a sentence prescribed by
this section.
2. Revocable dispositions.
(a) The court may impose a revocable sentence as herein
specified:
(i) the court, where authorized by article sixty-five, may
sentence a person to a period of probation or to a period of
conditional discharge as provided in that article; or
(ii) the court, where authorized by article eighty-five, may
sentence a person to a term of intermittent imprisonment as
provided in that article.
(b) A revocable sentence shall be deemed a tentative one to the
extent that it may be altered or revoked in accordance with the
provisions of the article under which it was imposed, but for all
other purposes shall be deemed to be a final judgment of
conviction.
(c) In any case where the court imposes a sentence of
probation, conditional discharge, or a sentence of intermittent
imprisonment, it may also impose a fine authorized by article
eighty.
(d) In any case where the court imposes a sentence of
imprisonment not in excess of sixty days, for a misdemeanor or
not in excess of six months for a felony or in the case of a
sentence of intermittent imprisonment not in excess of four
months, it may also impose a sentence of probation or conditional
discharge provided that the term of probation or conditional
discharge together with the term of imprisonment shall not exceed
the term of probation or conditional discharge authorized by
article sixty-five of this chapter. The sentence of imprisonment
shall be a condition of and run concurrently with the sentence of
probation or conditional discharge.
3. Other dispositions. When a person is not sentenced as
specified in subdivision two, or when a sentence specified in
subdivision two is revoked, the sentence of the court must be as
follows:
(a) A term of imprisonment; or
(b) A fine authorized by article eighty, provided, however,
that when the conviction is of a class B felony or of any felony
defined in article two hundred twenty, the sentence shall not
consist solely of a fine; or
(c) Both imprisonment and a fine; or
(d) Where authorized by section 65.20, unconditional discharge
as provided in that section; or
(e) Following revocation of a sentence of conditional discharge
imposed pursuant to section 65.05 of this chapter or paragraph
(d) of subdivision two of this section, probation as provided in
section 65.00 of this chapter or to the sentence of imprisonment
and probation as provided for in paragraph (d) of subdivision two
of this section.
4. In any case where a person has been sentenced to a period of
probation imposed pursuant to section 65.00 of this chapter, if
the part of the sentence that provides for probation is revoked,
the court must sentence such person to imprisonment or to the
sentence of imprisonment and probation as provided for in
paragraph (d) of subdivision two of this section.
NYSentencing