N.Y. Comp. Codes R. & Regs. tit. 15 § 140.2
The court shall require that any person who has been convicted of a violation of subdivision (2), (2-a) or (3) of section 1192 of the Vehicle and Traffic Law shall participate in the program and may be eligible for a post-revocation conditional license as provided for in section 140.4. In addition, a court shall require a defendant who is convicted of any crime defined by such law or the Penal Law of which an alcohol-related violation of any provision of section 1192 of this chapter is an essential element, and has been sentenced to a period of probation, to install and maintain as a condition of probation, a functioning ignition interlock device. Such defendants, however, shall not be eligible for the post-revocation conditional license.
N.Y. Comp. Codes R. & Regs. Tit. 15 § 140.2