N.Y. PEN Law § 65.05

§ 65.05 Sentence of conditional discharge.\n 1. Criteria. (a) Except as otherwise required by section 60.05, the\ncourt may impose a sentence of conditional discharge for an offense if\nthe court, having regard to the nature and circumstances of the offense\nand to the history, character and condition of the defendant, is of the\nopinion that neither the public interest nor the ends of justice would\nbe served by a sentence of imprisonment and that probation supervision\nis not appropriate.\n (b) When a sentence of conditional discharge is imposed for a felony,\nthe court shall set forth in the record the reasons for its action.\n 2. Sentence. Except to the extent authorized by paragraph (d) of\nsubdivision two of section 60.01 of this chapter, when the court imposes\na sentence of conditional discharge the defendant shall be released with\nrespect to the conviction for which the sentence is imposed without\nimprisonment or probation supervision but subject, during the period of\nconditional discharge, to such conditions as the court may determine.\nThe court shall impose the period of conditional discharge authorized by\nsubdivision three of this section and shall specify, in accordance with\nsection 65.10, the conditions to be complied with. If a defendant is\nsentenced pursuant to paragraph (e) of subdivision two of section 65.10\nof this chapter, the court shall require the administrator of the\nprogram to provide written notice to the court of any violation of\nprogram participation by the defendant. The court may modify or enlarge\nthe conditions or, if the defendant commits an additional offense or\nviolates a condition, revoke the sentence at any time prior to the\nexpiration or termination of the period of conditional discharge.\n 3. Periods of conditional discharge. Unless terminated sooner in\naccordance with the criminal procedure law, the period of conditional\ndischarge shall be as follows:\n (a) Three years in the case of a felony; and\n (b) One year in the case of a misdemeanor or a violation.\n Where the court has required, as a condition of the sentence, that the\ndefendant make restitution of the fruits of his or her offense or make\nreparation for the loss caused thereby and such condition has not been\nsatisfied, the court, at any time prior to the expiration or termination\nof the period of conditional discharge, may impose an additional period.\nThe length of the additional period shall be fixed by the court at the\ntime it is imposed and shall not be more than two years. All of the\nincidents of the original sentence, including the authority of the court\nto modify or enlarge the conditions, shall continue to apply during such\nadditional period.\n