New York Consolidated Laws

N.Y. Penal Law § 65.05 (2026)

Sentence of conditional discharge

✓ current as of May 2026

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

Notes of Decisions

Cited in 57 cases (6 in the last 5 years), 1973–2025 · leading case: Nowakowski v. New York, 835 F.3d 210 (2d Cir. 2016).

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Nowakowski v. New York, 835 F.3d 210 (2d Cir. 2016). · cites it 3× “The Notice commanded that Nowakowski appear at a particular location at a particular time on a particular day, and informed him that he had no opportunity to reschedule the date and that failure to appear could result in the issuance of a bench warrant. In addition, during the…”

United States v. Raul Ramirez, 421 F.3d 159 (2d Cir. 2005). · cites it 9× “On appeal, Ramirez argues that the district court erred in finding that each of the two prior “conditional discharge” sentences he received under N.Y. Penal Law § 65.05 was a “term of probation” for purposes of § 4A1.”

Com. v. Gilliam, K., 249 A.3d 257 (Pa. Super. Ct. 2021). “N.Y. Penal Law § 65.05 (McKinney) [(emphasis added)].”

United States v. Singh, 877 F.3d 107 (2d Cir. 2017). “See N.Y. Penal Law § 65.05 (l)(a) (2017) ("[Tjhe court may impose a sentence of conditional discharge for an offense if the court, having regard to the nature and circumstances of the offense and to the history, ehar-acter and condition of the defendant, is of the opinion that…”

United States v. Neville Carl Simpson, A/K/A \Evon Dixon\"", 319 F.3d 81 (2d Cir. 2003). “” N.Y. Penal Law § 65.05 (1) (McKinney 1998); see N.”

Sylvain v. Attorney Gen. of the United States, 714 F.3d 150 (3rd Cir. 2013). “” N.Y. Penal Law § 65.05 (2). A person who receives a conditional discharge generally must perform community service—although no direct supervision is necessary.”

United States v. Michelle Anne Labella-Szuba, 92 F.3d 136 (2d Cir. 1996). · cites it 2× “” At the time defendant committed the offense of conviction, she was subject to a one-year conditional discharge under N.Y. Penal Law § 65.05 (McKinney 1995), arising from her petit larceny conviction in the Herkimer Village Court.”

United States v. Sum of $185,336.07 United States Currency Seized From Citizen's Bank Account L7N01967, 731 F.3d 189 (2d Cir. 2013). “” N.Y. Penal Law § 65.05 . 4 . 21 U.S.C. § 881 (a)(6) provides: The following shall be subject to forfeiture to the United States and no property right shall exist in them: (6) All moneys, negotiable instruments, securities, or other things of value furnished or intended to be…”

United States v. Michael S. Patasnik & James Cecere, 89 F.3d 63 (2d Cir. 1996). “See N.Y. Penal Law § 65.05 (1) (McKinney 1987).”

People v. Vidaurrazaga, 100 A.D.3d 664 (N.Y. App. Div. 2012). “However, after sentencing, the Supreme Court determined that the period of the conditional discharge had to be three years (see Penal Law § 65.05 [3] [a]). Accordingly, the court resentenced the defendant to a three-year period of conditional discharge.”

In re MN, 16 Misc. 3d 499 (N.Y.C. Fam. Ct. 2007). “Unlike criminal law where suspended judgments— or, modern day, conditional discharges (see Penal Law § 65.05)— are ordered after a defendant is convicted of a crime, a neglect finding in Family Court is not a conviction but a determination that neglectful action occurred — only…”

People v. Pabon, 119 A.D.2d 446 (N.Y. App. Div. 1986). · cites it 2× “In imposing a sentence of conditional discharge, a court may subject a defendant to reasonable conditions for the period of conditional discharge (Penal Law § 65.05 [2]). The allowable period for a conditional discharge in the case of a misdemeanor, of which defendant was…”

Show all 57 citing cases →

— N.Y. Penal Law § 65.05(3)(a) — 2 cases

People v. Garcia, 2021 NY Slip Op 06100 (N.Y. App. Div. 2021).

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