§ 70.71 Sentence of imprisonment for a class A felony drug offender.
1. For the purposes of this section, the following terms shall mean:
(a) "Felony drug offender" means a defendant who stands convicted of
any class A felony as defined in article two hundred twenty of this
chapter.
(b) "Second felony drug offender" means a second felony offender as
that term is defined in subdivision one of section 70.06 of this
article, who stands convicted of and is to be sentenced for any class A
felony as defined in article two hundred twenty of this chapter.
(c) "Violent felony offense" shall have the same meaning as that term
is defined in subdivision one of section 70.02 of this article.
2. Sentence of imprisonment for a first felony drug offender.
(a) Applicability. Except as provided in subdivision three, four or
five of this section, this subdivision shall apply to a person convicted
of a class A felony as defined in article two hundred twenty of this
chapter.
(b) Authorized sentence. The court shall impose a determinate term of
imprisonment which shall be imposed by the court in whole or half years
and which shall include as a part thereof a period of post-release
supervision in accordance with section 70.45 of this article. The terms
authorized for such determinate sentences are as follows:
(i) for a class A-I felony, the term shall be at least eight years and
shall not exceed twenty years;
(ii) for a class A-II felony, the term shall be at least three years
and shall not exceed ten years.
(c) Lifetime probation. Notwithstanding any other provision of law,
the court may sentence a defendant convicted of a class A-II felony
defined in article two hundred twenty of this chapter to lifetime
probation in accordance with the provisions of section 65.00 of this
chapter.
3. Sentence of imprisonment for a second felony drug offender.
(a) Applicability. This subdivision shall apply to a second felony
drug offender whose prior felony conviction or convictions did not
include one or more violent felony offenses.
(b) Authorized sentence. When the court has found pursuant to the
provisions of section 400.21 of the criminal procedure law that a
defendant is a second felony drug offender who stands convicted of a
class A felony as defined in article two hundred twenty or two hundred
twenty-one of this chapter, the court shall impose a determinate
sentence of imprisonment. Such determinate sentence shall include as a
part thereof a period of post-release supervision in accordance with
section 70.45 of this article. Such determinate sentence shall be
imposed by the court in whole or half years as follows:
(i) for a class A-I felony, the term shall be at least twelve years
and shall not exceed twenty-four years;
(ii) for a class A-II felony, the term shall be at least six years and
shall not exceed fourteen years.
(c) Lifetime probation. Notwithstanding any other provision of law,
the court may sentence a defendant convicted of a class A-II felony
defined in article two hundred twenty of this chapter to lifetime
probation in accordance with the provisions of section 65.00 of this
chapter.
4. Sentence of imprisonment for a second felony drug offender
previously convicted of a violent felony offense.
(a) Applicability. This subdivision shall apply to a second felony
drug offender whose prior felony conviction was a violent felony.
(b) Authorized sentence. When the court has found pursuant to the
provisions of section 400.21 of the criminal procedure law that a
defendant is a second felony drug offender whose prior felony conviction
was a violent felony, who stands convicted of a class A felony as
defined in article two hundred twenty or two hundred twenty-one of this
chapter, the court shall impose a determinate sentence of imprisonment.
Such determinate sentence shall include as a part thereof a period of
post-release supervision in accordance with section 70.45 of this
article. Such determinate sentence shall be imposed by the court in
whole or half years as follows:
(i) for a class A-I felony, the term shall be at least fifteen years
and shall not exceed thirty years;
(ii) for a class A-II felony, the term shall be at least eight years
and shall not exceed seventeen years.
5. Sentence of imprisonment for operating as a major trafficker.
(a) Applicability. This subdivision shall apply to a person convicted
of the class A-I felony of operating as a major trafficker as defined in
section 220.77 of this chapter.
(b) Authorized sentence. Except as provided in paragraph (c) of this
subdivision, the court shall impose an indeterminate term of
imprisonment for an A-I felony, in accordance with the provisions of
section 70.00 of this article.
(c) Alternative determinate sentence. If a defendant stands convicted
of violating section 220.77 of this chapter, and if the court, having
regard to the nature and circumstances of the crime and the history and
character of the defendant, is of the opinion that a sentence of
imprisonment is necessary but that it would be unduly harsh to impose
the indeterminate sentence for a class A-I felony specified under
section 70.00 of this article, the court may instead impose the
determinate sentence of imprisonment authorized by clause (i) of
subparagraph (b) of subdivision two of this section for a class A-I drug
felony; in such case, the reasons for the court's opinion shall be set
forth on the record.
NYSentencing