§ 70.70 Sentence of imprisonment for felony drug offender other than a class A felony
PL § 70.70
§ 70.70 Sentence of imprisonment for felony drug offender other than a
class A felony.
1.For the purposes of this section, the following terms shall mean:
(a)"Felony drug offender" means a defendant who stands convicted of any felony, defined in article two hundred twenty or two hundred twenty-two of this chapter other than a class A felony.
(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 any felony, defined in article two hundred twenty or two hundred twenty-two of this chapter other than a class A felony.
(c)"Violent felony" shall have the same meaning as that term is defined in subdivision one of section 70.02 of this article.
2.Except as provided in subdivision three or four of this section, a sentence of imprisonment for a felony drug offender shall be a determinate sentence as provided in paragraph (a) of this subdivision.
(i)for a class B felony, the term shall be at least one year and shall not exceed nine years, except that for the class B felony of criminal sale of a controlled substance in or near school grounds as defined in subdivision two of section 220.44 of this chapter or on a school bus as defined in subdivision seventeen of section 220.00 of this chapter or criminal sale of a controlled substance to a child as defined in section 220.48 of this chapter, the term shall be at least two years and shall not exceed nine years;
(ii)for a class C felony, the term shall be at least one year and shall not exceed five and one-half years;
(iii)for a class D felony, the term shall be at least one year and shall not exceed two and one-half years; and
(iv)for a class E felony, the term shall be at least one year and shall not exceed one and one-half years.
(d)The court may direct that a determinate sentence imposed on a defendant convicted of a class B felony, other than the class B felony defined in section 220.48 of this chapter, pursuant to this subdivision be executed as a sentence of parole supervision in accordance with section 410.91 of the criminal procedure law.
3.Sentence of imprisonment for second felony drug offender.
(e)Alternate definite sentence for class C, class D and class E felonies. If the court, having regard to the nature and circumstances of the crime and to 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 a determinate sentence upon a person convicted of a class C, class D or class E felony offense defined in article two hundred twenty or two hundred twenty-two of this chapter, the court may impose a definite sentence of imprisonment and fix a term of one year or less.
4.Sentence of imprisonment for second felony drug offender previously convicted of a violent felony.
