In New York, the jury must unanimously find the defendant guilty in order to return a guilty verdict. A split in the jury’s deliberations can lead to a mistrial. Should the jury return a verdict of guilty, the judge does the sentencing.
Sentencing in New York is guided by state statute. The following is a sentencing guide for all crimes committed within New York State. Felony sentences are determined by a defendant’s prior felony record. Such prior convictions can greatly enhance the possible sentence.