N.Y. Laws » CHAPTER Penal / PART Sentences / TITLE Sentences / ARTICLE Sentences of Probation, Conditional Discharge and Unconditional Discharge
New York Consolidated Laws

N.Y. Penal Law § 65.15 (2026)

Calculation of periods of probation and of conditional discharge

✓ current as of May 2026
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§ 65.15 Calculation of periods of probation and of conditional
          discharge.
  1. A period of probation or a period or additional period of
conditional discharge commences on the day it is imposed. Multiple
periods, whether imposed at the same or at different times, shall run
concurrently.
  2. When a person has violated the conditions of his or her probation
or conditional discharge and is declared delinquent by the court, the
declaration of delinquency shall interrupt the period of the sentence as
of the date of the delinquency and such interruption shall continue
until a final determination as to the delinquency has been made by the
court pursuant to a hearing held in accordance with the provisions of
the criminal procedure law. Any order for the installation and
maintenance of a functioning ignition interlock device imposed pursuant
to section 60.21 of this title shall remain in effect throughout the
delinquency and the court may extend the period of such installation and
maintenance by the period of the delinquency; provided, however, that
the defendant shall get credit for any period where the device was
installed and maintained during the delinquency.
  * 3. In any case where a person who is under a sentence of probation
or of conditional discharge is also under an indeterminate or
determinate sentence of imprisonment, imposed for some other offense by
a court of this state the service of the sentence of imprisonment shall
satisfy the sentence of probation or of conditional discharge unless the
sentence of probation or of conditional discharge is revoked prior to
the next to occur of parole or conditional release under, or
satisfaction of, the sentence of imprisonment. Provided, however, that
the service of an indeterminate or determinate sentence of imprisonment
shall not satisfy a sentence of probation if the sentence of probation
was imposed at a time when the sentence of imprisonment had one year or
less to run.
  * NB Effective until September 1, 2027
  * 3. In any case where a person who is under a sentence of probation
or of conditional discharge is also under an indeterminate sentence of
imprisonment, or a reformatory sentence of imprisonment authorized by
section 75.00, imposed for some other offense by a court of this state
the service of the sentence of imprisonment shall satisfy the sentence
of probation or of conditional discharge unless the sentence of
probation or of conditional discharge is revoked prior to the next to
occur of parole or conditional release under, or satisfaction of, the
sentence of imprisonment. Provided, however, that the service of an
indeterminate or a reformatory sentence of imprisonment shall not
satisfy a sentence of probation if the sentence of probation was imposed
at a time when the sentence of imprisonment had one year or less to run.
  * NB Effective September 1, 2027
Notes of Decisions
Cited in 37 cases (5 in the last 5 years), 1992–2026 · leading case: People v. Zephrin, 926 N.E.2d 246 (NY 2010).
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People v. Zephrin, 926 N.E.2d 246 (NY 2010). · cites it 4× “As a result of that “reduction,” the probationary term, together with the term of imprisonment, would equal five years, thereby complying with the plain language of the split sentence statute. The People argue that the period of probation had not yet expired when the declaration…”
People v. Feliciano, 950 N.E.2d 91 (NY 2011). · cites it 2× “40 [2] [warrant]; Penal Law § 65.15 [2] [providing that declaration of delinquency tolls probationary sentence until disposition of VOP complaint]).”
People v. Simmons, 169 Misc. 2d 223 (N.Y. Sup. Ct. 1996). · cites it 7× “” The effect of the issuance of a declaration of delinquency upon the court’s ability to exercise jurisdiction over a delinquent probationer is explained by Penal Law § 65.15 (2), which states that: "[w]hen a person has violated the conditions of his probation * * * and is…”
People v. Horvath, 37 A.D.3d 33 (N.Y. App. Div. 2006). “The filing of a declaration of delinquency tolls the period of probation, thereby, in effect, extending the sentence originally imposed (see Penal Law § 65.15 [2]; People v Douglas, 94 NY2d 807, 808 [1999]; People v Diaz, 101 AD2d 841, 842 [1984]).”
People v. Mills, 45 A.D.3d 892 (N.Y. App. Div. 2007). “Accordingly, the declaration of delinquency on the third violation tolled the period of probation (see Penal Law § 65.15 [2]), which did not expire while those charges were pending until the date of the final determination (see People v Shabazz, 12 AD3d 782, 783 [2004]; see also…”
People v. Douglas, 723 N.E.2d 54 (NY 1999). “We agree with the Appellate Division that the filing of a declaration of delinquency in 1991 tolled the expiration of the probationary sentence (Penal Law § 65.15 [2]). At the violation of probation hearing, defendant did not raise his current claim that the hearing was untimely…”
People v. Dixon, 295 A.D.2d 699 (N.Y. App. Div. 2002). “30 (6) requires that a defendant on interim probation be sentenced within one year of the date the conviction is entered, such time period is effectively tolled by the filing of a declaration of delinquency (see, Penal Law § 65.15 [2]; People v Douglas, 94 NY2d 807, 808 ; People…”
People v. Shabazz, 12 A.D.3d 782 (N.Y. App. Div. 2004). “Although the period of probation was originally set to expire on May 2, 2002 and defendant was not found guilty of violating his probation until the hearing on August 1, 2002, County Court issued a declaration of delinquency in December 1997 after the filing of the violation of…”
People v. Welch, 55 A.D.3d 952 (N.Y. App. Div. 2008). “The filing of the declaration of delinquency on May 10, 2007—before defendant’s period of probation had, in fact, expired—served to toll the period that defendant was required to remain on probation and, as a result, defendant was still on probation when he failed to report to…”
People v. Feliciano, 1 A.D.3d 163 (N.Y. App. Div. 2003). “However, we reject defendant’s argument that the two months she served prior to sentencing should also be credited against her term of probation (see Penal Law § 65.15 [1]; People ex rel. Maye v Keating, 225 AD2d 836 [1996]).”
People v. Kyem, 272 A.D.2d 136 (N.Y. App. Div. 2000). “70 [1], [5]; Penal Law § 65.15 [2]). The court’s entire, ongoing course of conduct in its disposition of the declaration of delinquency was with defendant’s consent and afforded him extensive opportunities to make restitution, for which opportunity defendant expressed his thanks…”
People v. Weinflash, 33 A.D.3d 559 (N.Y. App. Div. 2006). “However, the latter promise would have been illegal, since the court was not authorized to credit defendant with two years of probation served prior to sentencing (Penal Law § 65.15 [1]). After defendant successfully completed the two years of IPS, he appeared before the court…”
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