Criminal Law Questions? Ask a Criminal Lawyer.
Under New York law § 70.70. Sentence of imprisonment for felony drug offender other than a class A felony (in part):
2. Except as provided in subdivision three or four of this section, a sentence of imprisonment for a felony drug offender shall be a determinate sentence as provided in paragraph (a) of this subdivision.(a) Term of determinate sentence. Except as provided in paragraph (b) or (c) of this subdivision, the court shall impose a determinate term of imprisonment upon a felony drug offender which shall be imposed by the court in whole or half years, which shall include as a part thereof a period of post-release supervision in accordance with section 70.45 of this article. The terms of imprisonment authorized for such determinate sentences are as follows: (i) for a class B felony, the term shall be at least one year and shall not exceed nine years, except that for the class B felony of criminal sale of a controlled substance in or near school grounds as defined in subdivision two of section 220.44 of this chapter or on a school bus as defined in subdivision seventeen of section 220.00 of this chapter, the term shall be at least two years and shall not exceed nine years; (ii) for a class C felony, the term shall be at least one year and shall not exceed five and one-half years; (iii) for a class D felony, the term shall be at least one year and shall not exceed two and one-half years; and (iv) for a class E felony, the term shall be at least one year and shall not exceed one and one-half years.(b) Probation. Notwithstanding any other provision of law, the court may sentence a defendant convicted of a class B, class C, class D or class E felony offense defined in article two hundred twenty or two hundred twenty-one of this chapter to probation in accordance with the provisions of section 65.00 of this chapter.(c) Alternative definite sentence for class C, class D, and class E felonies. If the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose a determinate sentence upon a person convicted of a class C, class D or class E felony offense defined in article two hundred twenty or two hundred twenty-one of this chapter, the court may impose a definite sentence of imprisonment and fix a term of one year or less.
I hope that helps. Please let me know if you have additional questions.
It would be unlikely that you would get the maximum. For instance, take a look at People v. Wood, 277 A.D.2d 515, where the defendant pled guilty to criminal sale of marijuana pursuant to a plea bargain in which the State would recommend a four-month sentence and restitution. The trial court sentenced him to five years' probation, 120 days in jail, the agreed-upon restitution and 50 hours of community service.
This is just an example, and I am not even sure if this was his first conviction.
That said, I would recommend hiring a criminal law attorney to ensure that you get the best defense.
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