§ 211-A — Required reports in capital cases

New York § 211-A

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 7-A: Judicial Administration

Text

§ 211-a. Required reports in capital cases. The court of appeals shall\npromulgate rules to ensure that in every criminal action in which a\ndefendant is indicted for the commission of an offense defined in\nsection 125.27 of the penal law, the clerk of the trial court shall\nprepare a data report as provided by this section not later than\nforty-five days following the disposition of the case by the trial\ncourt; provided, however, that if the indictment is dismissed, no such\ndata report shall be required. The data reports shall be in a form\ndetermined by the court of appeals. Data reports shall be prepared by\nthe clerk of the trial court by reviewing the record and upon\nconsultation with the prosecutor and the attorney for the defendant and\nafter completion shall be forwarded to the clerk of the court of\nappeals. The form and the content of the report shall be consistent\nwith the purpose of assisting the court of appeals in determining\npursuant to section 470.30 of the criminal procedure law, whether a\nparticular sentence of death is disproportionate or excessive in the\ncontext of penalties imposed in similar cases, considering both the\ncrime or crimes and the defendant. Data reports developed pursuant to\nthis section shall be compiled into a single uniform capital case data\nreport, which shall be available for use by appellants in capital cases\nin accordance with disclosure rules promulgated by the court of appeals.\n