 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6128
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 28, 2019
                                       ___________
 
        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.
                                                                   LBD10131-01-9
Relates to sentencing

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