§ 70.25 Concurrent and consecutive terms of imprisonment.
1. Except as provided in subdivisions two, two-a and five of this
section, when multiple sentences of imprisonment are imposed on a person
at the same time, or when a person who is subject to any undischarged
term of imprisonment imposed at a previous time by a court of this state
is sentenced to an additional term of imprisonment, the sentence or
sentences imposed by the court shall run either concurrently or
consecutively with respect to each other and the undischarged term or
terms in such manner as the court directs at the time of sentence. If
the court does not specify the manner in which a sentence imposed by it
is to run, the sentence shall run as follows:
* (a) An indeterminate or determinate sentence shall run concurrently
with all other terms; and
* NB Effective until September 1, 2023
* (a) An indeterminate sentence shall run concurrently with all other
terms; and
* NB Effective September 1, 2023
(b) A definite sentence shall run concurrently with any sentence
imposed at the same time and shall be consecutive to any other term.
2. When more than one sentence of imprisonment is imposed on a person
for two or more offenses committed through a single act or omission, or
through an act or omission which in itself constituted one of the
offenses and also was a material element of the other, the sentences,
except if one or more of such sentences is for a violation of section
270.20 of this chapter, must run concurrently.
* 2-a. When an indeterminate or determinate sentence of imprisonment
is imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10,
subdivision three or four of section 70.70, subdivision three or four of
section 70.71 or subdivision five of section 70.80 of this article, or
is imposed for a class A-I felony pursuant to section 70.00 of this
article, and such person is subject to an undischarged indeterminate or
determinate sentence of imprisonment imposed prior to the date on which
the present crime was committed, the court must impose a sentence to run
consecutively with respect to such undischarged sentence.
* NB Effective until September 1, 2023
* 2-a. When an indeterminate or determinate sentence of imprisonment
is imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10,
subdivision three or four of section 70.70, subdivision three or four of
section 70.71 or subdivision five of section 70.80 of this article, or
is imposed for a class A-I felony pursuant to section 70.00 of this
article, and such person is subject to an undischarged indeterminate
sentence of imprisonment imposed prior to the date on which the present
crime was committed, the court must impose a sentence to run
consecutively with respect to such undischarged sentence.
* NB Effective September 1, 2023
* 2-b. When a person is convicted of a violent felony offense
committed after arraignment and while released on recognizance or bail,
but committed prior to the imposition of sentence on a pending felony
charge, and if an indeterminate or determinate sentence of imprisonment
is imposed in each case, such sentences shall run consecutively.
Provided, however, that the court may, in the interest of justice, order
a sentence to run concurrently in a situation where consecutive
sentences are required by this subdivision if it finds either mitigating
circumstances that bear directly upon the manner in which the crime was
committed or, where the defendant was not the sole participant in the
crime, the defendant's participation was relatively minor although not
so minor as to constitute a defense to the prosecution. The defendant
and the district attorney shall have an opportunity to present relevant
information to assist the court in making this determination and the
court may, in its discretion, conduct a hearing with respect to any
issue bearing upon such determination. If the court determines that
consecutive sentences should not be ordered, it shall make a statement
on the record of the facts and circumstances upon which such
determination is based.
* NB Effective until September 1, 2023
* 2-b. When a person is convicted of a violent felony offense
committed after arraignment and while released on recognizance or bail,
but committed prior to the imposition of sentence on a pending felony
charge, and if an indeterminate sentence of imprisonment is imposed in
each case, such sentences shall run consecutively. Provided, however,
that the court may, in the interest of justice, order a sentence to run
concurrently in a situation where consecutive sentences are required by
this subdivision if it finds either mitigating circumstances that bear
directly upon the manner in which the crime was committed or, where the
defendant was not the sole participant in the crime, the defendant's
participation was relatively minor although not so minor as to
constitute a defense to the prosecution. The defendant and the district
attorney shall have an opportunity to present relevant information to
assist the court in making this determination and the court may, in its
discretion, conduct a hearing with respect to any issue bearing upon
such determination. If the court determines that consecutive sentences
should not be ordered, it shall make a statement on the record of the
facts and circumstances upon which such determination is based.
* NB Effective September 1, 2023
2-c. When a person is convicted of bail jumping in the second degree
as defined in section 215.56 or bail jumping in the first degree as
defined in section 215.57 committed after arraignment and while released
on recognizance or bail in connection with a pending indictment or
information charging one or more felonies, at least one of which he is
subsequently convicted, and if an indeterminate sentence of imprisonment
is imposed in each case, such sentences shall run consecutively.
Provided, however, that the court may, in the interest of justice, order
a sentence to run concurrently in a situation where consecutive
sentences are required by this subdivision if it finds mitigating
circumstances that bear directly upon the manner in which the crime was
committed. The defendant and the district attorney shall have an
opportunity to present relevant information to assist the court in
making this determination and the court may, in its discretion, conduct
a hearing with respect to any issue bearing upon such determination. If
the court determines that consecutive sentences should not be ordered,
it shall make a statement on the record of the facts and circumstances
upon which such determination is based.
2-d. When a person is convicted of escape in the second degree as
defined in section 205.10 or escape in the first degree as defined in
section 205.15 committed after issuance of a securing order, as defined
in subdivision five of section 500.10 of the criminal procedure law, in
connection with a pending indictment or information charging one or more
felonies, at least one of which he is subsequently convicted, and if an
indeterminate sentence of imprisonment is imposed in each case, such
sentences shall run consecutively. Provided, however, that the court
may, in the interest of justice, order a sentence to run concurrently in
a situation where consecutive sentences are required by this subdivision
if it finds mitigating circumstances that bear directly upon the manner
in which the crime was committed. The defendant and the district
attorney shall have an opportunity to present relevant information to
assist the court in making this determination and the court may, in its
discretion, conduct a hearing with respect to any issue bearing upon
such determination. If the court determines that consecutive sentences
should not be ordered, it shall make a statement on the record of the
facts and circumstances upon which such determination is based.
2-e. Whenever a person is convicted of course of sexual conduct
against a child in the first degree as defined in section 130.75 or
course of sexual conduct against a child in the second degree as defined
in section 130.80 and any other crime under article one hundred thirty
committed against the same child and within the period charged under
section 130.75 or 130.80, the sentences must run concurrently.
2-f. Whenever a person is convicted of facilitating a sex offense with
a controlled substance as defined in section 130.90 of this chapter, the
sentence imposed by the court for such offense may be ordered to run
consecutively to any sentence imposed upon conviction of an offense
defined in article one hundred thirty of this chapter arising from the
same criminal transaction.
2-g. Whenever a person is convicted of unlawful manufacture of
methamphetamine in the third degree as defined in section 220.73 of this
chapter, unlawful manufacture of methamphetamine in the second degree as
defined in section 220.74 of this chapter, or unlawful manufacture of
methamphetamine in the first degree as defined in section 220.75 of this
chapter, or any attempt to commit any of such offenses, and such person
is also convicted, with respect to such unlawful methamphetamine
laboratory, of unlawful disposal of methamphetamine laboratory material
as defined in section 220.76 of this chapter, the sentences must run
concurrently.
3. Where consecutive definite sentences of imprisonment are not
prohibited by subdivision two of this section and are imposed on a
person for offenses which were committed as parts of a single incident
or transaction, the aggregate of the terms of such sentences shall not
exceed one year.
4. When a person, who is subject to any undischarged term of
imprisonment imposed at a previous time by a court of another
jurisdiction, is sentenced to an additional term or terms of
imprisonment by a court of this state, the sentence or sentences imposed
by the court of this state, subject to the provisions of subdivisions
one, two and three of this section, shall run either concurrently or
consecutively with respect to such undischarged term in such manner as
the court directs at the time of sentence. If the court of this state
does not specify the manner in which a sentence imposed by it is to run,
the sentence or sentences shall run consecutively.
5. * (a) Except as provided in paragraph (c) of this subdivision, when
a person is convicted of assault in the second degree, as defined in
subdivision seven of section 120.05 of this chapter, any definite,
indeterminate or determinate term of imprisonment which may be imposed
as a sentence upon such conviction shall run consecutively to any
undischarged term of imprisonment to which the defendant was subject and
for which he was confined at the time of the assault.
* NB Effective until September 1, 2023
* (a) Except as provided in paragraph (c) of this subdivision, when a
person is convicted of assault in the second degree, as defined in
subdivision seven of section 120.05 of this chapter, any definite or
indeterminate term of imprisonment which may be imposed as a sentence
upon such conviction shall run consecutively to any undischarged term of
imprisonment to which the defendant was subject and for which he was
confined at the time of the assault.
* NB Effective September 1, 2023
* (b) Except as provided in paragraph (c) of this subdivision, when a
person is convicted of assault in the second degree, as defined in
subdivision seven of section 120.05 of this chapter, any definite,
indeterminate or determinate term of imprisonment which may be imposed
as a sentence upon such conviction shall run consecutively to any term
of imprisonment which was previously imposed or which may be
prospectively imposed where the person was confined within a detention
facility at the time of the assault upon a charge which culminated in
such sentence of imprisonment.
* NB Effective until September 1, 2023
* (b) Except as provided in paragraph (c) of this subdivision, when a
person is convicted of assault in the second degree, as defined in
subdivision seven of section 120.05 of this chapter, any definite or
indeterminate term of imprisonment which may be imposed as a sentence
upon such conviction shall run consecutively to any term of imprisonment
which was previously imposed or which may be prospectively imposed where
the person was confined within a detention facility at the time of the
assault upon a charge which culminated in such sentence of imprisonment.
* NB Effective September 1, 2023
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this
subdivision, a term of imprisonment imposed upon a conviction to assault
in the second degree as defined in subdivision seven of section 120.05
of this chapter may run concurrently to any other term of imprisonment,
in the interest of justice, provided the court sets forth in the record
its reasons for imposing a concurrent sentence. Nothing in this section
shall require the imposition of a sentence of imprisonment where it is
not otherwise required by law.
NYSentencing