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

N.Y. Penal Law § 85.00 (2026)

Sentence of intermittent imprisonment

✓ current as of May 2026
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§ 85.00 Sentence of intermittent imprisonment.
  1. Definition. A sentence of intermittent imprisonment is a revocable
sentence of imprisonment to be served on days or during certain periods
of days, or both, specified by the court as part of the sentence. A
person who receives a sentence of intermittent imprisonment shall be
incarcerated in the institution to which he is committed at such times
as are specified by the court in the sentence.
  2. Authorization for use of sentence. The court may impose a sentence
of intermittent imprisonment in any case where:
  (a) the court is imposing sentence, upon a person other than a second
or persistent felony offender, for a class D or class E felony or for
any offense that is not a felony; and
  (b) the court is not imposing any other sentence of imprisonment upon
the defendant at the same time; and
  (c) the defendant is not under any other sentence of imprisonment with
a term in excess of fifteen days imposed by any other court; and
  3. Duration of sentence. A sentence of intermittent imprisonment may
be for any term that could be imposed as a definite sentence of
imprisonment for the offense for which such sentence is imposed. The
term of the sentence shall commence on the day it is imposed and shall
be calculated upon the basis of the duration of its term, rather than
upon the basis of the days spent in confinement, so that no person shall
be subject to any such sentence for a period that is longer than a
period that commences on the date the sentence is imposed and ends on
the date the term of the longest definite sentence for the offense would
have expired, after deducting the credit that would have been applicable
to a definite sentence for jail time but without regard to any credit
authorized to be allowed against the term of a definite sentence for
good behavior. The provisions of section five hundred-l of the
correction law shall not be applicable to a sentence of intermittent
imprisonment.
  4. Imposition of sentence. (a) When the court imposes a sentence of
intermittent imprisonment the court shall specify in the sentence:
  (i) that the court is imposing a sentence of intermittent
imprisonment;
  (ii) the term of such sentence;
  (iii) the days or parts of days on which the sentence is to be served,
but except as provided in paragraph (iv) hereof such specification need
not include the dates on which such days fall; and
  (iv) the first and last dates on which the defendant is to be
incarcerated under the sentence.
  (b) The court, in its discretion, may specify any day or days or parts
thereof on which the defendant shall be confined and may specify a
period to commence at the commencement of the sentence and not to exceed
fifteen days during which the defendant is to be continuously confined.
Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1985–2026 · leading case: Davenport v. Guarding, 166 A.D.2d 349 (N.Y. App. Div. 1990).
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Davenport v. Guarding, 166 A.D.2d 349 (N.Y. App. Div. 1990). · cites it 2× “This language describes a "sentence of intermittent imprisonment”, defined as a "revocable sentence of imprisonment to be served on days or during certain periods of days, or both, specified by the court” (Penal Law § 85.00 [1]). In our opinion, this definition should be applied…”
People v. Johnston, 140 A.D.3d 1528 (N.Y. App. Div. 2016). “An intermittent sentence is “revocable” upon a finding that a defendant violated its terms (Penal Law § 85.00 [1]; see Penal Law § 85.”
De Ruzzio v. De Ruzzio, 288 A.D.2d 725 (N.Y. App. Div. 2001). “, at 349; see, Penal Law § 85.00 [3]; People v White, 83 AD2d 668 ).”
People v. Dick, 106 A.D.3d 1332 (N.Y. App. Div. 2013). · cites it 2× “A sentence of intermittent imprisonment “is a revocable sentence” (Penal Law § 85.00 [1]; see Penal Law § 60.”
Rush v. Save My Home Corp., 145 A.D.3d 930 (N.Y. App. Div. 2016). “Thus, we remit the matter to the Supreme Court, Nassau County, for the imposition of a sentence consistent with Penal Law § 85.00 (3). The appellant’s remaining contentions are without merit.”
People v. Williams, 77 A.D.3d 508 (N.Y. App. Div. 2010). “50 (5) and for specifying the dates of incarceration pursuant to Penal Law § 85.00 (4) (iv). The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]).”
People v. Coston, 63 A.D.3d 41 (N.Y. App. Div. 2009). · cites it 3× “00 [4]), and the five-month term of the intermittent imprisonment satisfies the requirement of Penal Law § 85.00 (3) that the term not exceed the term of the definite sentence that could have been imposed.”
People v. Pilchuk, 115 A.D.2d 668 (N.Y. App. Div. 1985). “As so modified, sentence affirmed, and matter remitted to the County Court, Nassau County, to specify the first and last dates upon which defendant is to be incarcerated under such sentence in accordance with Penal Law § 85.00 (4) (a) (iv), and for further proceedings pursuant…”
People v. Moretto, 143 A.D.2d 369 (N.Y. App. Div. 1988). “Sunday, and a term of probation of three years, with the term of imprisonment to run concurrently with and as a condition of the term of probation; as so modified, the sentence is affirmed, and the matter is remitted to the County Court, Nassau County, to specify the first and…”
People ex rel. Bailey v. Netzel, 169 Misc. 2d 623 (N.Y. Sup. Ct. 1995). “There, the court reasoned that Penal Law § 85.00 (3) dealing with computation of the duration of the original sentence was controlling and defendant was entitled to 7 days’ credit for each weekend confined.”
People v. Rachel L., 28 A.D.3d 1098 (N.Y. App. Div. 2006). · cites it 2× “Subsequently, the Ontario County Sheriff concluded that defendant was committed upon an intermittent basis and, pursuant to Penal Law § 85.00, had completed the sentence of imprisonment in each appeal inasmuch as the sentence commenced October 13, 2004 and ended six months after…”
People v. Meredith, 256 A.D.2d 641 (N.Y. App. Div. 1998). · cites it 2× “Turning to the legality of Loring’s sentence, we note that Penal Law § 85.00 (4) sets forth the requirements a sentencing court must follow in imposing an intermittent sentence of imprisonment.”
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