1. Notwithstanding any other provision of law, where a court is imposing sentence
pursuant to section 70.02 upon a conviction for an offense enumerated in subdivision one of such section, other
than an offense defined in article one hundred thirty of this chapter, and is authorized
or required pursuant to such section to impose a determinate sentence of imprisonment
for such offense, the court, upon a determination following a hearing that (a) the
defendant was the victim of physical, sexual or psychological abuse by the victim
or intended victim of such offense, (b) such abuse was a factor in causing the defendant
to commit such offense and (c) the victim or intended victim of such offense was a
member of the same family or household as the defendant as such term is defined in
subdivision one of section 530.11 of the criminal procedure law, may, in lieu of imposing such determinate sentence of imprisonment, impose an indeterminate
sentence of imprisonment in accordance with subdivisions two and three of this section.
2. The maximum term of an indeterminate sentence imposed pursuant to subdivision one
of this section must be fixed by the court as follows:
(a) For a class B felony, the term must be at least six years and must not exceed
(b) For a class C felony, the term must be at least four and one-half years and must
not exceed fifteen years;
(c) For a class D felony, the term must be at least three years and must not exceed
seven years; and
(d) For a class E felony, the term must be at least three years and must not exceed
3. The minimum period of imprisonment under an indeterminate sentence imposed pursuant
to subdivision one of this section must be fixed by the court at one-half of the maximum
term imposed and must be specified in the sentence.
Cite this article: FindLaw.com - New York Consolidated Laws, Penal Law - PEN § 60.12 Authorized disposition; alternative indeterminate sentence of imprisonment; domestic violence cases - last updated January 01, 2021
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