N.Y. Crim. Proc. Law § 380.30

Current through 2024 NY Law Chapters 1-49, 52, and 61-117
Section 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.
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.

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.

N.Y. Crim. Proc. Law § 380.30