§ 65.00 Sentence of probation.\n 1. Criteria. (a) Except as otherwise required by section 60.04 or\n60.05 of this title, and except as provided by paragraph (b) hereof, the\ncourt may sentence a person to a period of probation upon conviction of\nany crime if the court, having regard to the nature and circumstances of\nthe crime and to the history, character and condition of the defendant,\nis of the opinion that:\n (i) Institutional confinement for the term authorized by law of the\ndefendant is or may not be necessary for the protection of the public;\n (ii) the defendant is in need of guidance, training or other\nassistance which, in his case, can be effectively administered through\nprobation supervision; and\n (iii) such disposition is not inconsistent with the ends of justice.\n (b) The court, with the concurrence of either the administrative judge\nof the court or of the judicial district within which the court is\nsituated or such administrative judge as the presiding justice of the\nappropriate appellate division shall designate, may sentence a person to\na period of probation upon conviction of a class A-II felony defined in\narticle two hundred twenty, the class B felony defined in section 220.48\nof this chapter or any other class B felony defined in article two\nhundred twenty of this chapter where the person is a second felony drug\noffender as defined in paragraph (b) of subdivision one of section 70.70\nof this chapter, if the prosecutor either orally on the record or in a\nwriting filed with the indictment recommends that the court sentence\nsuch person to a period of probation upon the ground that such person\nhas or is providing material assistance in the investigation,\napprehension or prosecution of any person for a felony defined in\narticle two hundred twenty or the attempt or the conspiracy to commit\nany such felony, and if the court, having regard to the nature and\ncircumstances of the crime and to the history, character and condition\nof the defendant is of the opinion that:\n (i) Institutional confinement of the defendant is not necessary for\nthe protection of the public;\n (ii) The defendant is in need of guidance, training or other\nassistance which, in his case, can be effectively administered through\nprobation supervision;\n (iii) The defendant has or is providing material assistance in the\ninvestigation, apprehension or prosecution of a person for a felony\ndefined in article two hundred twenty or the attempt or conspiracy to\ncommit any such felony; and\n (iv) Such disposition is not inconsistent with the ends of justice.\n * Provided, however, that the court shall not, except to the extent\nauthorized by paragraph (d) of subdivision two of section 60.01 of this\nchapter, impose a sentence of probation in any case where it sentences a\ndefendant for more than one crime and imposes a sentence of imprisonment\nfor any one of the crimes, or where the defendant is subject to an\nundischarged indeterminate or determinate sentence of imprisonment which\nwas imposed at a previous time by a court of this state and has more\nthan one year to run.\n * NB Effective until September 1, 2027\n * Provided, however, that the court shall not, except to the extent\nauthorized by paragraph (d) of subdivision two of section 60.01 of this\nchapter, impose a sentence of probation in any case where it sentences a\ndefendant for more than one crime and imposes a sentence of imprisonment\nfor any one of the crimes, or where the defendant is subject to an\nundischarged indeterminate or reformatory sentence of imprisonment which\nwas imposed at a previous time by a court of this state and has more\nthan one year to run.\n * NB Effective September 1, 2027\n 2. Sentence. When a person is sentenced to a period of probation the\ncourt shall, except to the extent authorized by paragraph (d) of\nsubdivision two of section 60.01 of this chapter, impose the period\nauthorized by subdivision three of this secti
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