When You Cannot Pay
CPL § 420.10 — payment over time, a limit on jail for nonpayment, and a right to be resentenced at any time
How payment is set. The court may direct payment of the entire amount when sentence is pronounced, at a later date, or in specified portions at periodic intervals. Where both are imposed on a schedule, restitution or reparation is paid before the fine.
| Imposed for | The longest imprisonment for nonpayment |
|---|---|
| Imposed forA felony | The longest imprisonment for nonpaymentNot more than one year |
| Imposed forA misdemeanor | The longest imprisonment for nonpaymentNot more than one-third of the maximum authorized term |
| Imposed forA petty offense | The longest imprisonment for nonpaymentNot more than fifteen days |
Those are the ceilings on a direction to imprison until payment, and jail time and good behavior time are credited against them.
The advice. Where a sentence provides imprisonment for failure to pay a fine, the court advises the defendant of the right, if unable to pay, to apply at any time to be resentenced.
Resentence. A defendant unable to pay may apply at any time. If the court is satisfied the defendant cannot pay, it must adjust the terms of payment, lower the amount, revoke the part of the sentence imposing the payment where the sentence is probation or imprisonment together with the payment, or revoke the sentence and resentence, and any new amount may not exceed what the defendant is able to pay.
A warrant. Where a defendant fails to pay as directed, the court may issue a warrant to bring the defendant before it.
Mandatory surcharges and fees are governed by other sections, which are not on this page. A particular sentence is a question for the court, or a licensed New York attorney.
Sources for this section (1)
- CPL § 420.10 — Collection of fines, restitution or reparation
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.