N.Y. Laws » CHAPTER Penal / PART Sentences / TITLE Sentences / ARTICLE Authorized Dispositions of Offenders
New York Consolidated Laws

N.Y. Penal Law § 60.01 (2026)

Authorized dispositions; generally

✓ current as of May 2026
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§ 60.01 Authorized dispositions; generally.
  1. Applicability. Except as otherwise specified in this article, when
the court imposes sentence upon a person convicted of an offense, the
court must impose a sentence prescribed by this section.
  2. Revocable dispositions.
  (a) The court may impose a revocable sentence as herein specified:
  (i) the court, where authorized by article sixty-five, may sentence a
person to a period of probation or to a period of conditional discharge
as provided in that article; or
  (ii) the court, where authorized by article eighty-five, may sentence
a person to a term of intermittent imprisonment as provided in that
article.
  (b) A revocable sentence shall be deemed a tentative one to the extent
that it may be altered or revoked in accordance with the provisions of
the article under which it was imposed, but for all other purposes shall
be deemed to be a final judgment of conviction.
  (c) In any case where the court imposes a sentence of probation,
conditional discharge, or a sentence of intermittent imprisonment, it
may also impose a fine authorized by article eighty.
  (d) In any case where the court imposes a sentence of imprisonment not
in excess of sixty days, for a misdemeanor or not in excess of six
months for a felony or in the case of a sentence of intermittent
imprisonment not in excess of four months, it may also impose a sentence
of probation or conditional discharge provided that the term of
probation or conditional discharge together with the term of
imprisonment shall not exceed the term of probation or conditional
discharge authorized by article sixty-five of this chapter. The sentence
of imprisonment shall be a condition of and run concurrently with the
sentence of probation or conditional discharge.
  3. Other dispositions. When a person is not sentenced as specified in
subdivision two, or when a sentence specified in subdivision two is
revoked, the sentence of the court must be as follows:
  (a) A term of imprisonment; or
  (b) A fine authorized by article eighty, provided, however, that when
the conviction is of a class B felony or of any felony defined in
article two hundred twenty, the sentence shall not consist solely of a
fine; or
  (c) Both imprisonment and a fine; or
  (d) Where authorized by section 65.20, unconditional discharge as
provided in that section; or
  (e) Following revocation of a sentence of conditional discharge
imposed pursuant to section 65.05 of this chapter or paragraph (d) of
subdivision two of this section, probation as provided in section 65.00
of this chapter or to the sentence of imprisonment and probation as
provided for in paragraph (d) of subdivision two of this section.
  4. In any case where a person has been sentenced to a period of
probation imposed pursuant to section 65.00 of this chapter, if the part
of the sentence that provides for probation is revoked, the court must
sentence such person to imprisonment or to the sentence of imprisonment
and probation as provided for in paragraph (d) of subdivision two of
this section.
Notes of Decisions
Cited in 160 cases (21 in the last 5 years), 1985–2026 · leading case: MATTER OF PIRRO v. Angiolillo, 675 N.E.2d 1189 (NY 1996).
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MATTER OF PIRRO v. Angiolillo, 675 N.E.2d 1189 (NY 1996). · cites it 20× “Resolution of this question requires an inquiry into the relationship between the term of incarceration and the probationary term that are imposed as part of a split sentence pursuant to Penal Law § 60.01 (2) (d). As a general principle, once its service has begun, a sentence of…”
The People v. Freddie Thompson, 47 N.E.3d 704 (NY 2016). · cites it 6× “This appeal turns on our conclusion that to revoke a penalty of probation does not equate to annulling a sentence under Penal Law § 60.01. In November 2010, defendant was convicted of, inter alia, two counts of the class B violent felony of robbery in the first degree (Penal Law…”
People v. Zephrin, 926 N.E.2d 246 (NY 2010). · cites it 6× “00 (2), however, recognizes that, where a split sentence is imposed, the limitations set forth in Penal Law § 60.01 (2) (d) may trump the time period set forth in section 65.”
People v. Coon, 2017 NY Slip Op 8216 (N.Y. App. Div. 2017). · cites it 6× “Moreover, if a term of imprisonment is imposed, the period of probation or conditional discharge must run consecutively to the sentence imposed (see Penal Law § 60.”
All. to End Chickens as Kaporos v. New York City Police Dep't, 2017 NY Slip Op 4408 (N.Y. App. Div. 2017). · cites it 2× “It further provides that such acts constitute a class A misdemeanor punishable by imprisonment for not more than one year, a fine of up to one thousand dollars, or both (Agriculture and Markets Law § 353; see also Penal Law §§ 60.01[3][c]; 70.15; 80.05). While the majority is…”
People v. Hakes, 32 N.Y.3d 624 (NY 2018). “Accordingly, a probationary sentence is a tentative one that by its nature may be altered or revoked pursuant to the discretion of the court during the probationary term ( see Penal Law § 60.01 [2] [b]). "At any time after [a] sentence is pronounced, the court may adjust the…”
People v. Amorosi, 750 N.E.2d 41 (NY 2001). · cites it 2× “A sentence of probation is, of course, a tentative disposition that may be altered or revoked in accordance with the provisions of the article under which it was imposed (Penal Law § 60.01 [2] [a] [i]; [b]). Here, the court directed payment of restitution as a condition of…”
People v. Cortese, 79 A.D.3d 1281 (N.Y. App. Div. 2010). · cites it 2× “Defendant is correct that this statute authorizes a court to impose a split sentence of up to 60 days in jail for a misdemeanor, as here (or six months for a felony), together with a term of probation (Penal Law § 60.01 [2] [d]; see People v Zephrin, 14 NY3d 296, 299-300…”
Robert Warner v. Orange Cnty. Dep't of Prob., 115 F.3d 1068 (2d Cir. 1997). “Once sentenced, Warner had little choice but to attend the A.”
People v. Boldt, 2020 NY Slip Op 4284 (N.Y. App. Div. 2020). · cites it 3× “Defendant contends that his original sentence was not a traditional split sentence under Penal Law § 60.01 (2) (d). It is his position that the court imposed a sentence under section 60.”
People v. Tagiev (Shamil), 70 Misc. 3d 47 (N.Y. App. Term. 2020). · cites it 3× “00 [1]), a conditional discharge (or probation) is an alternative to imprisonment ( see Penal Law §§ 60.01 [2] [a] [i]; 65.05 [1]; [65.”
People v. Mills, 45 A.D.3d 892 (N.Y. App. Div. 2007). · cites it 2× “*893 In June 2000, defendant pleaded guilty in County Court to felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]) and was sentenced to six months in jail and five years of probation subject to certain conditions, to expire June 20, 2005 (see Penal Law § 60.01…”
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— N.Y. Penal Law § 60.01(2)(d) — 2 cases
People v. Rodriguez-Rivera, 2025 NY Slip Op 06624 (N.Y. App. Div. 2025).
People v. Butler, 2026 NY Slip Op 03179 (N.Y. App. Div. 2026).
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