N.Y. PEN Law § 85.00

§ 85.00 Sentence of intermittent imprisonment.\n 1. Definition. A sentence of intermittent imprisonment is a revocable\nsentence of imprisonment to be served on days or during certain periods\nof days, or both, specified by the court as part of the sentence. A\nperson who receives a sentence of intermittent imprisonment shall be\nincarcerated in the institution to which he is committed at such times\nas are specified by the court in the sentence.\n 2. Authorization for use of sentence. The court may impose a sentence\nof intermittent imprisonment in any case where:\n (a) the court is imposing sentence, upon a person other than a second\nor persistent felony offender, for a class D or class E felony or for\nany offense that is not a felony; and\n (b) the court is not imposing any other sentence of imprisonment upon\nthe defendant at the same time; and\n (c) the defendant is not under any other sentence of imprisonment with\na term in excess of fifteen days imposed by any other court; and\n 3. Duration of sentence. A sentence of intermittent imprisonment may\nbe for any term that could be imposed as a definite sentence of\nimprisonment for the offense for which such sentence is imposed. The\nterm of the sentence shall commence on the day it is imposed and shall\nbe calculated upon the basis of the duration of its term, rather than\nupon the basis of the days spent in confinement, so that no person shall\nbe subject to any such sentence for a period that is longer than a\nperiod that commences on the date the sentence is imposed and ends on\nthe date the term of the longest definite sentence for the offense would\nhave expired, after deducting the credit that would have been applicable\nto a definite sentence for jail time but without regard to any credit\nauthorized to be allowed against the term of a definite sentence for\ngood behavior. The provisions of section five hundred-l of the\ncorrection law shall not be applicable to a sentence of intermittent\nimprisonment.\n 4. Imposition of sentence. (a) When the court imposes a sentence of\nintermittent imprisonment the court shall specify in the sentence:\n (i) that the court is imposing a sentence of intermittent\nimprisonment;\n (ii) the term of such sentence;\n (iii) the days or parts of days on which the sentence is to be served,\nbut except as provided in paragraph (iv) hereof such specification need\nnot include the dates on which such days fall; and\n (iv) the first and last dates on which the defendant is to be\nincarcerated under the sentence.\n (b) The court, in its discretion, may specify any day or days or parts\nthereof on which the defendant shall be confined and may specify a\nperiod to commence at the commencement of the sentence and not to exceed\nfifteen days during which the defendant is to be continuously confined.\n