NYSentencing

§ 55.10  Designation of offenses.
    1.  Felonies.
    (a)   The  particular  classification or subclassification of
each felony defined in this chapter is  expressly  designated  in
the section or article defining it.
    (b)   Any  offense  defined  outside  this  chapter  which is
declared by law to be  a  felony  without  specification  of  the
classification  thereof,  or for which a law outside this chapter
provides a sentence to a term of imprisonment in  excess  of  one
year, shall be deemed a class E felony.
    2.  Misdemeanors.
    (a)   Each  misdemeanor  defined  in this chapter is either a
class A misdemeanor  or  a  class  B  misdemeanor,  as  expressly
designated in the section or article defining it.
    (b)   Any  offense  defined  outside  this  chapter  which is
declared by law to be a misdemeanor without specification of  the
classification  thereof  or  of  the  sentence  therefor shall be
deemed a class A misdemeanor.
    (c)   Except  as  provided  in  paragraph  (b) of subdivision
three, where an offense is defined outside  this  chapter  and  a
sentence  to a term of imprisonment in excess of fifteen days but
not in excess of one year is provided in  the  law  or  ordinance
defining  it,  such  offense  shall  be  deemed  an  unclassified
misdemeanor.
    3.   Violations.   Every violation defined in this chapter is
expressly designated as such.  Any offense defined  outside  this
chapter  which  is  not expressly designated a violation shall be
deemed a violation if:
    (a)   Notwithstanding  any other designation specified in the
law  or  ordinance  defining  it,  a  sentence  to  a   term   of
imprisonment  which  is not in excess of fifteen days is provided
therein, or the only sentence provided therein is a fine; or
    (b)   A  sentence  to  a  term  of  imprisonment in excess of
fifteen days is provided for such offense in a law  or  ordinance
enacted  prior  to  the  effective  date  of this chapter but the
offense was not a crime prior to that date.
    4.   Traffic infraction.  Notwithstanding any other provision
of this section, an  offense  which  is  defined  as  a  "traffic
infraction"  shall  not be deemed a violation or a misdemeanor by
virtue of the sentence prescribed therefor.