N.Y. PEN Law § 55.10

§ 55.10 Designation of offenses.\n 1. Felonies.\n (a) The particular classification or subclassification of each felony\ndefined in this chapter is expressly designated in the section or\narticle defining it.\n (b) Any offense defined outside this chapter which is declared by law\nto be a felony without specification of the classification thereof, or\nfor which a law outside this chapter provides a sentence to a term of\nimprisonment in excess of one year, shall be deemed a class E felony.\n 2. Misdemeanors.\n (a) Each misdemeanor defined in this chapter is either a class A\nmisdemeanor or a class B misdemeanor, as expressly designated in the\nsection or article defining it.\n (b) Any offense defined outside this chapter which is declared by law\nto be a misdemeanor without specification of the classification thereof\nor of the sentence therefor shall be deemed a class A misdemeanor.\n (c) Except as provided in paragraph (b) of subdivision three, where an\noffense is defined outside this chapter and a sentence to a term of\nimprisonment in excess of fifteen days but not in excess of one year is\nprovided in the law or ordinance defining it, such offense shall be\ndeemed an unclassified misdemeanor.\n 3. Violations. Every violation defined in this chapter is expressly\ndesignated as such. Any offense defined outside this chapter which is\nnot expressly designated a violation shall be deemed a violation if:\n (a) Notwithstanding any other designation specified in the law or\nordinance defining it, a sentence to a term of imprisonment which is not\nin excess of fifteen days is provided therein, or the only sentence\nprovided therein is a fine; or\n (b) A sentence to a term of imprisonment in excess of fifteen days is\nprovided for such offense in a law or ordinance enacted prior to the\neffective date of this chapter but the offense was not a crime prior to\nthat date.\n 4. Traffic infraction. Notwithstanding any other provision of this\nsection, an offense which is defined as a "traffic infraction" shall not\nbe deemed a violation or a misdemeanor by virtue of the sentence\nprescribed therefor.\n