S T A T E   O F   N E W   Y O R K
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                                  4431

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced by M. of A. ESPAILLAT -- Multi-Sponsored by -- M. of A. ALFA-
  NO -- read once and referred to the Committee on Codes

AN  ACT to amend the penal law, in relation to the sentence of imprison-
  ment to be imposed for criminal possession of a firearm in the  fourth
  degree in certain cases

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 70.15 of the penal law, as amended
by chapter 291 of the laws of 1993, is amended to read as follows:
  1. Class A misdemeanor. A sentence  of  imprisonment  for  a  class  A
misdemeanor  shall  be  a  definite  sentence.  When  such a sentence is
imposed the term shall be fixed by the court, and shall not  exceed  one
year;  provided, however, that a sentence of imprisonment imposed upon a
conviction of criminal possession of a weapon in the  fourth  degree  as
defined  in subdivision one of section 265.01 must be for a period of no
less than one year when the conviction was the result of a plea of guil-
ty entered in satisfaction of an indictment or any count thereof  charg-
ing  the  defendant  with the class D violent felony offense of criminal
possession of a weapon in the third degree  as  defined  in  subdivision
four  of  section  265.02,  except  that  the court may impose any other
sentence authorized by law upon a person who  has  not  been  previously
convicted  in the five years immediately preceding the commission of the
offense for a felony or a class A misdemeanor defined in  this  chapter,
if  the court having regard to the nature and circumstances of the crime
and to the history and character of the defendant, finds on the record:
  (A) that such sentence would be unduly harsh [and],
  (B) that the alternative sentence  would  be  consistent  with  public
safety and does not deprecate the seriousness of the crime, AND
  (C) THAT THE DEFENDANT HAS FULLY COOPERATED WITH LAW ENFORCEMENT OFFI-
CERS  OR PROSECUTORS INVESTIGATING OR PROSECUTING UNLAWFUL GUN TRAFFICK-
ING AND HAVING REQUESTED SUCH COOPERATION FROM  THE  DEFENDANT;  SUCH  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07543-01-9
              

A. 4431                             2

FINDING  SHALL  NOT  BE  MADE IN THE ABSENCE OF A CERTIFICATION FROM THE
DISTRICT ATTORNEY EITHER THAT NO SUCH COOPERATION HAS BEEN REQUESTED  OR
THAT SUCH COOPERATION HAS BEEN REQUESTED AND HAS BEEN FULLY PROVIDED.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.