§ 70.15 Sentences of imprisonment for misdemeanors and violation.
1. Class A misdemeanor. A sentence of imprisonment for a class A
misdemeanor shall be a definite sentence. When such a sentence is
imposed the term shall be fixed by the court, and shall not exceed three
hundred sixty-four days.
1-a. (a) Notwithstanding the provisions of any other law, whenever the
phrase "one year" or "three hundred sixty-five days" or "365 days" or
any similar phrase appears in any provision of this chapter or any other
law in reference to the definite sentence or maximum definite sentence
of imprisonment that is imposed, or has been imposed, or may be imposed
after enactment of this subdivision, for a misdemeanor conviction in
this state, such phrase shall mean, be interpreted and be applied as
three hundred sixty-four days.
(b) The amendatory provisions of this subdivision are ameliorative and
shall apply to all persons who are sentenced before, on or after the
effective date of this subdivision, for a crime committed before, on or
after the effective date of this subdivision.
(c) Any sentence for a misdemeanor conviction imposed prior to the
effective date of this subdivision that is a definite sentence of
imprisonment of one year, or three hundred sixty-five days, shall, by
operation of law, be changed to, mean and be interpreted and applied as
a sentence of three hundred sixty-four days. In addition to any other
right of a person to obtain a record of a proceeding against him or her,
a person so sentenced prior to the effective date of this subdivision
shall be entitled to obtain, from the criminal court or the clerk
thereof, a certificate of conviction, as described in subdivision one of
section 60.60 of the criminal procedure law, setting forth such sentence
as the sentence specified in this paragraph.
(d) Any sentence for a misdemeanor conviction imposed prior to the
effective date of this subdivision that is other than a definite
sentence of imprisonment of one year may be set aside, upon motion of
the defendant under section 440.20 of the criminal procedure law based
on a showing that the judgment and sentence under the law in effect at
the time of conviction imposed prior to the effective date of this
subdivision is likely to result in collateral consequences, in order to
permit the court to resentence the defendant in accordance with the
amendatory provisions of this subdivision.
(e) Resentence by operation of law is without prejudice to an
individual seeking further relief pursuant to paragraph (j) of
subdivision one of section 440.10 of the criminal procedure law. Nothing
in this section is intended to diminish or abrogate any rights or
remedies otherwise available to the individual.
2. Class B misdemeanor. A sentence of imprisonment for a class B
misdemeanor shall be a definite sentence. When such a sentence is
imposed the term shall be fixed by the court, and shall not exceed three
months.
3. Unclassified misdemeanor. A sentence of imprisonment for an
unclassified misdemeanor shall be a definite sentence. When such a
sentence is imposed the term shall be fixed by the court, and shall be
in accordance with the sentence specified in the law or ordinance that
defines the crime but, in any event, it shall not exceed three hundred
sixty-four days.
4. Violation. A sentence of imprisonment for a violation shall be a
definite sentence. When such a sentence is imposed the term shall be
fixed by the court, and shall not exceed fifteen days.
In the case of a violation defined outside this chapter, if the
sentence is expressly specified in the law or ordinance that defines the
offense and consists solely of a fine, no term of imprisonment shall be
imposed.
NYSentencing