400.27 – Procedure for Determining Sentence Upon Conviction for the Offense of Murder in the First Degree.
§ 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.
§ 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.
§ 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 […]
410.10 – Specification of Conditions of the Sentence.
§ 410.10 Specification of conditions of the sentence. 1. When the court pronounces a sentence of probation or of conditional discharge it must specify as part of the sentence the conditions to be complied with. Where the sentence is one of probation, the defendant must be given a written copy of the conditions at the […]
410.20 – Modification or Enlargement of Conditions.
§ 410.20 Modification or enlargement of conditions. 1. The court may modify or enlarge the conditions of a sentence of probation or of conditional discharge at any time prior to the expiration or termination of the period of the sentence. Such action may not, however, be taken unless the defendant is personally present, except that […]
400.16 – Procedure for Determining Whether Defendant Is a Persistent Violent Felony Offender.
§ 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.
§ 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.
§ 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.
§ 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 […]
390.10 – Requirement of Fingerprint Report.
§ 390.10 Requirement of fingerprint report. In any case where the defendant is convicted of an offense specified in subdivision one of section 160.10, the court may not pronounce sentence until it has received a fingerprint report from the division of criminal justice services or a police department report with respect to the defendant’s prior […]