§ 60.04 Authorized disposition; controlled substances and marihuana\n felony offenses.\n 1. Applicability. Notwithstanding the provisions of any law, this\nsection shall govern the dispositions authorized when a person is to be\nsentenced upon a conviction of a felony offense defined in article two\nhundred twenty or two hundred twenty-one of this chapter or when a\nperson is to be sentenced upon a conviction of such a felony as a\nmultiple felony offender as defined in subdivision five of this section.\n 2. Class A felony. Every person convicted of a class A felony must be\nsentenced to imprisonment in accordance with section 70.71 of this\ntitle, unless such person is convicted of a class A-II felony and is\nsentenced to probation for life in accordance with section 65.00 of this\ntitle.\n 3. Class B felonies. Every person convicted of a class B felony must\nbe sentenced to imprisonment in accordance with the applicable\nprovisions of section 70.70 of this chapter, a definite sentence of\nimprisonment with a term of one year or less or probation in accordance\nwith section 65.00 of this chapter provided, however, a person convicted\nof criminal sale of a controlled substance to a child as defined in\nsection 220.48 of this chapter must be sentenced to a determinate\nsentence of imprisonment in accordance with the applicable provisions of\nsection 70.70 of this chapter or to a sentence of probation in\naccordance with the opening paragraph of paragraph (b) of subdivision\none of section 65.00 of this chapter.\n 4. Alternative sentence. Where a sentence of imprisonment or a\nsentence of probation as an alternative to imprisonment is not required\nto be imposed pursuant to subdivision two, three or five of this\nsection, the court may impose any other sentence authorized by section\n60.01 of this article, provided that when the court imposes a sentence\nof imprisonment, such sentence must be in accordance with section 70.70\nof this title. Where the court imposes a sentence of imprisonment in\naccordance with this section, the court may also impose a fine\nauthorized by article eighty of this title and in such case the sentence\nshall be both imprisonment and a fine.\n 5. Multiple felony offender. Where the court imposes a sentence\npursuant to subdivision three of section 70.70 of this chapter upon a\nsecond felony drug offender, as defined in paragraph (b) of subdivision\none of section 70.70 of this chapter, it must sentence such offender to\nimprisonment in accordance with the applicable provisions of section\n70.70 of this chapter, a definite sentence of imprisonment with a term\nof one year or less, or probation in accordance with section 65.00 of\nthis chapter, provided, however, that where the court imposes a sentence\nupon a class B second felony drug offender, it must sentence such\noffender to a determinate sentence of imprisonment in accordance with\nthe applicable provisions of section 70.70 of this chapter or to a\nsentence of probation in accordance with the opening paragraph of\nparagraph (b) of subdivision one of section 65.00 of this chapter. When\nthe court imposes sentence on a second felony drug offender pursuant to\nsubdivision four of section 70.70 of this chapter, it must impose a\ndeterminate sentence of imprisonment in accordance with such\nsubdivision.\n 6. Substance abuse treatment. When the court imposes a sentence of\nimprisonment which requires a commitment to the state department of\ncorrections and community supervision upon a person who stands convicted\nof a controlled substance or marihuana offense, the court may, upon\nmotion of the defendant in its discretion, issue an order directing that\nthe department of corrections and community supervision enroll the\ndefendant in the comprehensive alcohol and substance abuse treatment\nprogram in an alcohol and substance abuse correctional annex as defined\nin subdivision eighteen of section two of the correction law, provided\nthat t
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