§ 380.30 — Time for pronouncing sentence

New York § 380.30

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title L: Sentence
• Part 2: The Principal Proceedings
• Art. 380: Sentencing In General

Text

§ 380.30 Time for pronouncing sentence.\n 1. In general. Sentence must be pronounced without unreasonable delay.\n 2. Court to fix time. Upon entering a conviction the court must:\n (a) Fix a date for pronouncing sentence; or\n (b) Fix a date for one of the pre-sentence proceedings specified in\narticle four hundred; or\n (c) Pronounce sentence on the date the conviction is entered in\naccordance with the provisions of subdivision three.\n * 2. Court to fix time. Upon entering a conviction the court must:\n (a) Fix a date for pronouncing sentence; or\n (b) Fix a date for one of the pre-sentence proceedings specified in\narticle four hundred; or\n (c) Issue an order deferring sentencing in accordance with the\nprovisions of subdivision three of this section; or\n (d) Pronounce sentence on the date the conviction is entered in\naccordance with the provisions of subdivision three.\n* NB Expired March 31, 1994\n 3. Sentence on date of conviction. The court may sentence the\ndefendant at the time the conviction is entered if:\n (a) A pre-sentence report or a fingerprint report is not required; or\n (b) Where any such report is required, the report has been received.\n Provided, however, that the court may not pronounce sentence at such\ntime without inquiring as to whether an adjournment is desired by the\ndefendant. Where an adjournment is requested, the defendant must state\nthe purpose thereof and the court may, in its discretion, allow a\nreasonable time.\n * 3. Deferral of sentencing. The court may defer sentencing of any\noffender convicted of a class C, D, or E felony offense under articles\ntwo hundred twenty and two hundred twenty-one of the penal law or any\nclass D or E felony offense under articles one hundred fifteen, one\nhundred forty, one hundred forty-five, one hundred fifty-five, one\nhundred sixty-five, one hundred seventy and one hundred ninety of the\npenal law, to a specified date no later than twelve months from the\nentering of a conviction if:\n (a) The defendant stands convicted of his or her first felony offense;\nand\n (b) Pursuant to a plea agreement or the recommendation contained in\nthe pre-sentence report the judge is inclined to impose an indeterminate\nterm of imprisonment; and\n (c) The court believes that prompt institutional confinement is not\nnecessary to preserve the safety and security of society, that the\nindividual may benefit from the rehabilitative opportunities presented\nby the deferral of sentencing, that absent such a rehabilitative\nopportunity there is a likelihood that the court would impose an\nindeterminate sentence of imprisonment, and that upon satisfactory\ncompletion of the period of deferral the court would be more likely to\nimpose a sentence other than an indeterminate sentence of imprisonment\nunder article seventy of the penal law.\n In conjunction with a deferral of sentencing the court may require\nthat the defendant observe specified conditions of conduct and\nparticipate in such rehabilitative programs as the court deems\nappropriate. Upon application of the people made at any time during the\nperiod of sentence deferral, or where the court believes that the\ndefendant may have violated the terms or conditions of the deferral\norder, and the court determines that such a violation occurred, the\ncourt may terminate the deferral order and set a date for sentencing.\n Nothing contained in this subdivision shall limit the sentencing\noptions which were available to the court prior to the issuance of an\norder pursuant to paragraph (c) of subdivision two of this section.\n* NB Expired March 31, 1994\n 4. Time for pre-sentence proceedings. The court may conduct one or\nmore of the pre-sentence proceedings specified in article four hundred\nat any time before sentence is pronounced. Notice of any such\nproceeding issued after the date for pronouncing sentence has been fixed\nautomatically adjourns the date for pronouncing sentence. In such case\nthe court must fix a date for pronouncing sentence at the conclusion of\nsuch proceeding.\n