N.Y. PEN Law § 485.10

§ 485.10 Sentencing.\n 1. When a person is convicted of a hate crime pursuant to this\narticle, and the specified offense is a violent felony offense, as\ndefined in section 70.02 of this chapter, the hate crime shall be deemed\na violent felony offense.\n 2. When a person is convicted of a hate crime pursuant to this article\nand the specified offense is a misdemeanor or a class C, D or E felony,\nthe hate crime shall be deemed to be one category higher than the\nspecified offense the defendant committed, or one category higher than\nthe offense level applicable to the defendant's conviction for an\nattempt or conspiracy to commit a specified offense, whichever is\napplicable.\n 3. Notwithstanding any other provision of law, when a person is\nconvicted of a hate crime pursuant to this article and the specified\noffense is a class B felony:\n (a) the maximum term of the indeterminate sentence must be at least\nsix years if the defendant is sentenced pursuant to section 70.00 of\nthis chapter;\n (b) the term of the determinate sentence must be at least eight years\nif the defendant is sentenced pursuant to section 70.02 of this chapter;\n (c) the term of the determinate sentence must be at least twelve years\nif the defendant is sentenced pursuant to section 70.04 of this chapter;\n (d) the maximum term of the indeterminate sentence must be at least\nfour years if the defendant is sentenced pursuant to section 70.05 of\nthis chapter; and\n (e) the maximum term of the indeterminate sentence or the term of the\ndeterminate sentence must be at least ten years if the defendant is\nsentenced pursuant to section 70.06 of this chapter.\n 4. Notwithstanding any other provision of law, when a person is\nconvicted of a hate crime pursuant to this article and the specified\noffense is a class A-1 felony, the minimum period of the indeterminate\nsentence shall be not less than twenty years.\n 5. In addition to any of the dispositions authorized by this chapter,\nthe court shall require as part of the sentence imposed upon a person\nconvicted of a hate crime pursuant to this article, that the defendant\ncomplete a program, training session or counseling session directed at\nhate crime prevention and education, where the court determines such\nprogram, training session or counseling session is appropriate,\navailable and was developed or authorized by the court or local agencies\nin cooperation with organizations serving the affected community.\n