§ 60.07 Authorized disposition; criminal attack on operators of for-hire
vehicles.
1. Notwithstanding any other provision of law to the contrary, when a
court has found, pursuant to the provisions of section 200.61 of the
criminal procedure law, both that a person has been convicted of a spec-
ified offense as defined in subdivision two of this section and the
victim of such offense was operating a for-hire vehicle in the course of
providing for-hire vehicle services at the time of the commission of
such offense, the sentence of imprisonment imposed upon conviction for
such offense shall be the sentence authorized by the applicable
provisions of article seventy of this chapter, provided, however, that
the minimum term of an indeterminate sentence or minimum determinate
sentence shall be not less than three years nor more than five years
greater than the minimum term or sentence otherwise required to be
imposed pursuant to such provisions. The provisions of this subdivision
shall not apply where the court, having regard to the nature and circum-
stances of the crime and the history and character of the defendant,
finds on the record that such additional term or sentence would be undu-
ly harsh and that not imposing such additional term or sentence would be
consistent with the public safety and would not deprecate the serious-
ness of the crime.
2. For purposes of this section:
(a) the term "specified offense" shall mean an attempt to commit
murder in the second degree as defined in section 125.25 of this chap-
ter, gang assault in the first degree as defined in section 120.07 of
this chapter, gang assault in the second degree as defined in section
120.06 of this chapter, assault in the first degree as defined in
section 120.10 of this chapter, manslaughter in the first degree as
defined in section 125.20 of this chapter, manslaughter in the second
degree as defined in section 125.15 of this chapter, robbery in the
first degree as defined in section 160.15 of this chapter, robbery in
the second degree as defined in section 160.10 of this chapter, or the
attempted commission of any of the following offenses: gang assault in
the first degree as defined in section 120.07, assault in the first
degree as defined in section 120.10, manslaughter in the first degree as
defined in section 125.20 or robbery in the first degree as defined in
section 160.15;
(b) the term "for-hire vehicle" shall mean a vehicle designed to carry
not more than five passengers for compensation and such vehicle is a
taxicab, as defined in section one hundred forty-eight-a of the vehicle
and traffic law, a livery, as such term is defined in section one
hundred twenty-one-e of the vehicle and traffic law, or a "black car",
as such term is defined in paragraph (g) of this subdivision;
(c) the term "livery car base" shall mean a central facility, wherever
located, that dispatches a livery operator to both pick-up and discharge
passengers in the state;
(d) "for-hire vehicle services" shall mean:
(i) with respect to a taxicab, the transport of passengers pursuant to
a license or permit issued by a local authority by a person duly author-
ized to operate such taxicab;
(ii) with respect to a livery, the transport of passengers by a livery
operator while affiliated with a livery car base; or
(iii) with respect to a "black car", the transport of passengers by a
"black car operator" pursuant to dispatches from or by a central
dispatch facility regardless of where the pick-up and discharge occurs,
and, with respect to dispatches from or by a central dispatch facility
located outside the state, all dispatches involving a pick-up in the
state, regardless of where the discharge occurs.
(e) "livery operator" shall mean the registered owner of a livery, as
such term is defined in section one hundred twenty-one-e of the vehicle
and traffic law, or a driver designated by such registered owner to
operate the registered owner's livery as the registered owner's author-
ized designee, where such registered owner or driver provides services
while affiliated with a livery car base;
(f) "black car operator" shall mean the registered owner of a "black
car" or a driver designated by such registered owner to operate the
registered owner's black car as the registered owner's authorized desig-
nee; and
(g) "black car" shall mean a for-hire vehicle dispatched from a
central facility, which has certified to the satisfaction of the depart-
ment of state pursuant to article six-F of the executive law that more
than ninety percent of the central facility's for-hire business is on a
payment basis other than direct cash payment by a passenger.
NYSentencing