STATE OF NEW YORK
________________________________________________________________________
1689
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
___________
Introduced by M. of A. MOSLEY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to sentencing
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 3 of section 70.02 of the
2 penal law, as amended by chapter 1 of the laws of 2013, is amended to
3 read as follows:
4 (c) For a class D felony, the term must be at least [two] one and
5 one-half years and must not exceed seven years, provided, however, that
6 the term must be: (i) at least two years and must not exceed eight years
7 where the sentence is for the crime of menacing a police officer or
8 peace officer as defined in section 120.18 of this chapter; and (ii) at
9 least three and one-half years and must not exceed seven years where the
10 sentence is imposed for the crime of criminal possession of a weapon in
11 the third degree as defined in subdivision ten of section 265.02 of this
12 chapter;
13 § 2. This act shall take effect immediately; provided, however, that
14 this act shall apply to offenses committed on or after such effective
15 date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04012-01-7