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

N.Y. Penal Law § 70.71 (2026)

Sentence of imprisonment for a class A felony drug offender

✓ current as of May 2026
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§ 70.71 Sentence of imprisonment for a class A felony drug offender.
  1. For the purposes of this section, the following terms shall mean:
  (a) "Felony drug offender" means a defendant who stands convicted of
any class A felony as defined in article two hundred twenty of this
chapter.
  (b) "Second felony drug offender" means a second felony offender as
that term is defined in subdivision one of section 70.06 of this
article, who stands convicted of and is to be sentenced for any class A
felony as defined in article two hundred twenty of this chapter.
  (c) "Violent felony offense" shall have the same meaning as that term
is defined in subdivision one of section 70.02 of this article.
  2. Sentence of imprisonment for a first felony drug offender.
  (a) Applicability. Except as provided in subdivision three, four or
five of this section, this subdivision shall apply to a person convicted
of a class A felony as defined in article two hundred twenty of this
chapter.
  (b) Authorized sentence. The court shall impose a determinate term of
imprisonment which shall be imposed by the court in whole or half years
and which shall include as a part thereof a period of post-release
supervision in accordance with section 70.45 of this article. The terms
authorized for such determinate sentences are as follows:
  (i) for a class A-I felony, the term shall be at least eight years and
shall not exceed twenty years;
  (ii) for a class A-II felony, the term shall be at least three years
and shall not exceed ten years.
  (c) Lifetime probation. Notwithstanding any other provision of law,
the court may sentence a defendant convicted of a class A-II felony
defined in article two hundred twenty of this chapter to lifetime
probation in accordance with the provisions of section 65.00 of this
chapter.
  3. Sentence of imprisonment for a second felony drug offender.
  (a) Applicability. This subdivision shall apply to a second felony
drug offender whose prior felony conviction or convictions did not
include one or more violent felony offenses.
  (b) Authorized sentence. When the court has found pursuant to the
provisions of section 400.21 of the criminal procedure law that a
defendant is a second felony drug offender who stands convicted of a
class A felony as defined in article two hundred twenty or two hundred
twenty-one of this chapter, the court shall impose a determinate
sentence of imprisonment. Such determinate sentence shall include as a
part thereof a period of post-release supervision in accordance with
section 70.45 of this article. Such determinate sentence shall be
imposed by the court in whole or half years as follows:
  (i) for a class A-I felony, the term shall be at least twelve years
and shall not exceed twenty-four years;
  (ii) for a class A-II felony, the term shall be at least six years and
shall not exceed fourteen years.
  (c) Lifetime probation. Notwithstanding any other provision of law,
the court may sentence a defendant convicted of a class A-II felony
defined in article two hundred twenty of this chapter to lifetime
probation in accordance with the provisions of section 65.00 of this
chapter.
  4. Sentence of imprisonment for a second felony drug offender
previously convicted of a violent felony offense.
  (a) Applicability. This subdivision shall apply to a second felony
drug offender whose prior felony conviction was a violent felony.
  (b) Authorized sentence. When the court has found pursuant to the
provisions of section 400.21 of the criminal procedure law that a
defendant is a second felony drug offender whose prior felony conviction
was a violent felony, who stands convicted of a class A felony as
defined in article two hundred twenty or two hundred twenty-one of this
chapter, the court shall impose a determinate sentence of imprisonment.
Such determinate sentence shall include as a part thereof a period of
post-release supervision in accordance with section 70.45 of this
article. Such determinate sentence shall be imposed by the court in
whole or half years as follows:
  (i) for a class A-I felony, the term shall be at least fifteen years
and shall not exceed thirty years;
  (ii) for a class A-II felony, the term shall be at least eight years
and shall not exceed seventeen years.
  5. Sentence of imprisonment for operating as a major trafficker.
  (a) Applicability. This subdivision shall apply to a person convicted
of the class A-I felony of operating as a major trafficker as defined in
section 220.77 of this chapter.
  (b) Authorized sentence. Except as provided in paragraph (c) of this
subdivision, the court shall impose an indeterminate term of
imprisonment for an A-I felony, in accordance with the provisions of
section 70.00 of this article.
  (c) Alternative determinate sentence. If a defendant stands convicted
of violating section 220.77 of this chapter, and if the court, having
regard to the nature and circumstances of the crime and the history and
character of the defendant, is of the opinion that a sentence of
imprisonment is necessary but that it would be unduly harsh to impose
the indeterminate sentence for a class A-I felony specified under
section 70.00 of this article, the court may instead impose the
determinate sentence of imprisonment authorized by clause (i) of
subparagraph (b) of subdivision two of this section for a class A-I drug
felony; in such case, the reasons for the court's opinion shall be set
forth on the record.
Notes of Decisions
Cited in 81 cases (10 in the last 5 years), 2005–2025 · leading case: People v. Quinones, 11 Misc. 3d 582 (N.Y. Sup. Ct. 2005).
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People v. Quinones, 11 Misc. 3d 582 (N.Y. Sup. Ct. 2005). · cites it 5× “Defendant has now moved for resentencing on his class A-I and A-II drug felony convictions pursuant to section 23 of the 2004 Drug Law Reform Act (DLRA), 2 section 1 of the 2005 extension of that Act (DLRA-2) (collectively, the Acts), 3 and Penal Law § 70.71. For the reasons…”
People v. Minemier, 80 N.E.3d 389 (NY 2017). “25 (2-b) (if, where a person is convicted of a violent felony offense committed after arraignment and while released on recognizance or bail, the court determines to impose concurrent instead of consecutive terms of imprisonment); Penal Law § 70.71 (5) (c) (alternative…”
People v. Stevens, 2022 NY Slip Op 01815 (N.Y. App. Div. 2022). “And, having declined to raise any objections to his predicate status, the defendant's sentence, which was within the statutory range, was not illegal ( see Penal Law §§ 70.71[4][b][ii]; 220.18; CPL 400.”
People v. Sims, 2022 NY Slip Op 04586 (N.Y. App. Div. 2022). “Moreover, County Court did not overstate defendant's potential sentencing exposure for the class A-II crime to which he was entering a guilty plea, as he was properly advised that he faced a potential sentence of 14 years with five years of PRS were he determined to be a second…”
People v. Jackson, 108 A.D.3d 1079 (N.Y. App. Div. 2013). “*1081 Finally, defendant correctly contends that the uniform sentence and commitment sheet incorrectly recites that he was convicted as a second felony offender rather than as a second felony drug offender (see Penal Law § 70.71 [1] [b]), and the uniform sentence and commitment…”
People v. Newton, 48 A.D.3d 115 (N.Y. App. Div. 2007). · cites it 2× “shall be at least eight years and *117 shall not exceed seventeen years” (Penal Law § 70.71 [4] [b] [ii]). Thereafter, the court conducted a hearing pursuant to the 2005 DLRA, upon the consent of the People, who indicated that the “defendant appear[ed] to be eligible for…”
People v. Paniagua, 45 A.D.3d 98 (N.Y. App. Div. 2007). · cites it 2× “In 2004, the Legislature, in the Drug Law Reform Act (2004 DLRA), authorized new sentencing guidelines for these class A felonies (see Penal Law § 70.71). The legislation permitted certain convicted A-I felons to apply for resentencing under the new guidelines (L 2004, ch 738, §…”
People v. Gethers, 2017 NY Slip Op 5128 (N.Y. App. Div. 2017). “In sentencing defendant to three concurrent terms of 10 years in prison, County Court imposed a sentence below the maximum permissible sentence (see Penal Law § 70.71 [3] [b] [ii]), as well as the People’s pretrial plea offers.”
People v. Ballard, 2021 NY Slip Op 07579 (N.Y. App. Div. 2021). “drug offender previously convicted of a violent felony who could not be sentenced to less than 15 years in prison on the drug possession count, they agreed to modify the plea arrangement so that, as to said count, defendant would plead guilty to a reduced charge of criminal…”
People v. Bagby, 11 Misc. 3d 882 (N.Y. Sup. Ct. 2006). · cites it 2× “Upon application, a defendant serving an indeterminate sentence of at least 15 years for an A-I felony drug offense may be resentenced under Penal Law § 70.71. The law provides, in pertinent part: “[A]ny person in the custody of the department of correctional services convicted…”
People v. Graves, 66 A.D.3d 1513 (N.Y. App. Div. 2009). · cites it 2× “We reject defendant’s further contention that the new sentence was unauthorized as a matter of law, inasmuch as the new sentence falls within the sentencing parameters of Penal Law § 70.71 (2) (b) (ii). The court erred, however, in imposing the new sentence without first…”
People v. Arana, 32 A.D.3d 305 (N.Y. App. Div. 2006). “Section 23 of the DLRA states that “any person” in the custody of the Department of Correctional Services convicted of a class A-I felony drug offense and sentenced (as all such offenders must be) to an indeterminate term of imprisonment with a minimum term of not less than 15…”
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