§ 380.30 Time for pronouncing sentence.

1. In general. Sentence must be pronounced without unreasonable delay.

2. Court to fix time. Upon entering a conviction the court must:

(a) Fix a date for pronouncing sentence; or

(b) Fix a date for one of the pre-sentence proceedings specified in
article four hundred; or

(c) Pronounce sentence on the date the conviction is entered in
accordance with the provisions of subdivision three.

* 2. Court to fix time. Upon entering a conviction the court must:

(a) Fix a date for pronouncing sentence; or

(b) Fix a date for one of the pre-sentence proceedings specified in
article four hundred; or

(c) Issue an order deferring sentencing in accordance with the
provisions of subdivision three of this section; or

(d) Pronounce sentence on the date the conviction is entered in
accordance with the provisions of subdivision three.
* NB Expired March 31, 1994

3. Sentence on date of conviction. The court may sentence the
defendant at the time the conviction is entered if:

(a) A pre-sentence report or a fingerprint report is not required; or

(b) Where any such report is required, the report has been received.

Provided, however, that the court may not pronounce sentence at such
time without inquiring as to whether an adjournment is desired by the
defendant. Where an adjournment is requested, the defendant must state
the purpose thereof and the court may, in its discretion, allow a
reasonable time.

* 3. Deferral of sentencing. The court may defer sentencing of any
offender convicted of a class C, D, or E felony offense under articles
two hundred twenty and two hundred twenty-one of the penal law or any
class D or E felony offense under articles one hundred fifteen, one
hundred forty, one hundred forty-five, one hundred fifty-five, one
hundred sixty-five, one hundred seventy and one hundred ninety of the
penal law, to a specified date no later than twelve months from the
entering of a conviction if:

(a) The defendant stands convicted of his or her first felony offense;
and

(b) Pursuant to a plea agreement or the recommendation contained in
the pre-sentence report the judge is inclined to impose an indeterminate
term of imprisonment; and

(c) The court believes that prompt institutional confinement is not
necessary to preserve the safety and security of society, that the
individual may benefit from the rehabilitative opportunities presented
by the deferral of sentencing, that absent such a rehabilitative
opportunity there is a likelihood that the court would impose an
indeterminate sentence of imprisonment, and that upon satisfactory
completion of the period of deferral the court would be more likely to
impose a sentence other than an indeterminate sentence of imprisonment
under article seventy of the penal law.

In conjunction with a deferral of sentencing the court may require
that the defendant observe specified conditions of conduct and
participate in such rehabilitative programs as the court deems
appropriate. Upon application of the people made at any time during the
period of sentence deferral, or where the court believes that the
defendant may have violated the terms or conditions of the deferral
order, and the court determines that such a violation occurred, the
court may terminate the deferral order and set a date for sentencing.

Nothing contained in this subdivision shall limit the sentencing
options which were available to the court prior to the issuance of an
order pursuant to paragraph (c) of subdivision two of this section.
* NB Expired March 31, 1994

4. Time for pre-sentence proceedings. The court may conduct one or
more of the pre-sentence proceedings specified in article four hundred
at any time before sentence is pronounced. Notice of any such
proceeding issued after the date for pronouncing sentence has been fixed
automatically adjourns the date for pronouncing sentence. In such case
the court must fix a date for pronouncing sentence at the conclusion of
such proceeding.