§ 400.10 Pre-sentence conference. 1. Authorization and purpose. Before pronouncing sentence, the court, in its discretion, may hold one or more pre-sentence conferences in open court or in chambers in order to (a) resolve any discrepancies between the pre-sentence report, or other information the court has received, and the defendant’s or prosecutor’s pre-sentence memorandum submitted […]
§ 400.15 Procedure for determining whether defendant is a second violent felony offender. 1. Applicability. The provisions of this section govern the procedure that must be followed in any case where it appears that a defendant who stands convicted of a violent felony offense as defined in subdivision one of section 70.02 of the penal […]
§ 400.16 Procedure for determining whether defendant is a persistent violent felony offender. 1. Applicability. The provisions of this section govern the procedure that must be followed in any case where it appears that a defendant who stands convicted of a violent felony offense as defined in subdivision one of section 70.02 of the penal […]
§ 400.19 Procedure for determining whether defendant is a second child sexual assault felony offender. 1. Applicability. The provisions of this section govern the procedure that must be followed in any case where it appears that a defendant who stands convicted of a felony offense for a sexual assault upon a child as defined in […]
§ 400.20 Procedure for determining whether defendant should be sentenced as a persistent felony offender. 1. Applicability. The provisions of this section govern the procedure that must be followed in order to impose the persistent felony offender sentence authorized by subdivision two of section 70.10 of the penal law. Such sentence may not be imposed […]
§ 400.21 Procedure for determining whether defendant is a second felony offender or a second felony drug offender. 1. Applicability. The provisions of this section govern the procedure that must be followed in any case where it appears that a defendant who stands convicted of a felony has previously been convicted of a predicate felony […]
§ 400.22 Evidence of imprisonment. The certificate of the commissioner of correction or of the warden or other chief officer of any prison, or of the superintendent or other chief officer of any penitentiary under the seal of his office containing name of person, a statement of the court in which conviction was had, the […]
§ 400.27 Procedure for determining sentence upon conviction for the offense of murder in the first degree. 1. Upon the conviction of a defendant for the offense of murder in the first degree as defined by section 125.27 of the penal law, the court shall promptly conduct a separate sentencing proceeding to determine whether the […]
§ 400.30 Procedure for determining the amount of a fine based upon the defendant’s gain from the offense. 1. Order directing a hearing. In any case where the court is of the opinion that the sentence should consist of or include a fine and that, pursuant to article eighty of the penal law, the amount […]
§ 400.40 Procedure for determining prior convictions for the purpose of sentence in certain cases. 1. Applicability. Where a conviction is entered for an unclassified misdemeanor or for a traffic infraction and the authorized sentence depends upon whether the defendant has a previous judgment of conviction for an offense, or where a conviction is entered […]
