N.Y. CPL Law § 380.50 — New York Code / Act CPL / Part 2 / Title L / Article 380 / Section 380.50
Statements at time of sentence
Status: in_force

§ 380.50 Statements at time of sentence.\n  1. At the time of pronouncing sentence, the court must accord the\nprosecutor an opportunity to make a statement with respect to any matter\nrelevant to the question of sentence. The court must then accord counsel\nfor the defendant an opportunity to speak on behalf of the defendant.\nThe defendant also has the right to make a statement personally in his\nor her own behalf, and before pronouncing sentence the court must ask\nthe defendant whether he or she wishes to make such a statement.\n  2. (a) For purposes of this section "victim" shall mean:\n  (1) the victim as indicated in the accusatory instrument; or\n  (2) if such victim is unable or unwilling to express himself or\nherself before the court or a person so mentally or physically disabled\nas to make it impracticable to appear in court in person or the victim\nis deceased, a member of the family of such victim, or the legal\nguardian or representative of the legal guardian of the victim where\nsuch guardian or representative has personal knowledge of and a\nrelationship with the victim, unless the court finds that it would be\ninappropriate for such person to make a statement on behalf of the\nvictim.\n  (b) If the defendant is being sentenced for a felony the court, if\nrequested at least ten days prior to the sentencing date, shall accord\nthe victim the right to make a statement with regard to any matter\nrelevant to the question of sentence. The court shall notify the\ndefendant no less than seven days prior to sentencing of the victim's\nintent to make a statement at sentencing. If the defendant does not\nreceive timely notice pursuant to this subdivision, the defendant may\nrequest a reasonable adjournment.\n  (c) Any statement by the victim must precede any statement by counsel\nto the defendant or the defendant made pursuant to subdivision one of\nthis section. The defendant shall have the right to rebut any statement\nmade by the victim.\n  (d) Where the people and the defendant have agreed to a disposition\nwhich includes a sentence acceptable to the court, and the court intends\nto impose such sentence, any rebuttal by the defendant shall be limited\nto an oral presentation made at the time of sentencing.\n  (e) Where (1) the defendant has been found guilty after trial or there\nis no agreement between the people and the defendant as to a proposed\nsentence or the court, after the statement by the victim, chooses not to\nimpose the proposed sentence agreed to by the parties; (2) the statement\nby the victim includes allegations about the crime that were not fully\nexplored during the proceedings or that materially vary from or\ncontradict the evidence at trial; and (3) the court determines that the\nallegations are relevant to the issue of sentencing, then the court\nshall afford the defendant the following rights:\n  (A) a reasonable adjournment of the sentencing to allow the defendant\nto present information to rebut the allegations by the victim; and\n  (B) allow the defendant to present written questions to the court that\nthe defendant desires the court to put to the victim. The court may, in\nits discretion, decline to put any or all of the questions to the\nvictim. Where the court declines to put any or all of the questions to\nthe victim it shall state its reasons therefor on the record.\n  (f) If the victim does not appear to make a statement at the time of\nsentencing, the right to make a statement is waived. The failure of the\nvictim to make a statement shall not be cause for delaying the\nproceedings against the defendant nor shall it affect the validity of a\nconviction, judgment or order.\n  (g) Following the acquittal after trial or the sentencing of any\ndefendant for a felony, the district attorney, or their designee, shall\nprovide a written summary of the disposition of such felony to any\nvictim who was not present at the time such defendant was sentenced or\nacquitted after trial. Such written summary shall be provided by mail,\nelectronically, or by any other reasonable and secure means of written\ncommunication.\n  3. The court may, either before or after receiving such statements,\nsummarize the factors it considers relevant for the purpose of sentence\nand afford an opportunity to the defendant or his or her counsel to\ncomment thereon.\n  4. Regardless of whether the victim requests to make a statement with\nregard to the defendant's sentence, where the defendant is committed to\nthe custody of the department of corrections and community supervision\nupon a sentence of imprisonment for conviction of a violent felony\noffense as defined in section 70.02 of the penal law or a felony defined\nin article one hundred twenty-five of such law, or a sex offense as\ndefined in subdivision (p) of section 10.03 of the mental hygiene law,\nwithin sixty days of the imposition of sentence the prosecutor shall\nprovide the victim with a form, prepared and distributed by the\ncommissioner of the department of corrections and community supervision,\non which the victim may indicate a demand to be informed of the escape,\nabsconding, discharge, parole, conditional release, release to\npost-release supervision, transfer to the custody of the office of\nmental health pursuant to article ten of the mental hygiene law, or\nrelease from confinement under article ten of the mental hygiene law of\nthe person so imprisoned. If the victim submits a completed form to the\nprosecutor, it shall be the duty of the prosecutor to mail promptly such\nform to the department of corrections and community supervision.\n  5. Following the receipt of such form from the prosecutor, it shall be\nthe duty of the department of corrections and community supervision or,\nwhere the person is committed to the custody of the office of mental\nhealth, at the time such person is discharged, paroled, conditionally\nreleased, released to post-release supervision, or released from\nconfinement under article ten of the mental hygiene law, to notify the\nvictim of such occurrence by certified mail or with the prior consent of\nthe victim either by regular mail or by electronic transmission using\nthe contact information provided by the victim. In the event such person\nescapes or absconds from a facility under the jurisdiction of the\ndepartment of corrections and community supervision, it shall be the\nduty of such department to notify immediately the victim of such\noccurrence using the contact information provided by the victim in the\nmost reasonable and expedient possible manner. In the event such escapee\nor absconder is subsequently taken into custody by the department of\ncorrections and community supervision, it shall be the duty of such\ndepartment to notify the victim of such occurrence by certified or\nregular mail or by electronic transmission using the contact information\nprovided by the victim within forty-eight hours of regaining such\ncustody. In the case of a person who escapes or absconds from\nconfinement under article ten of the mental hygiene law, the office of\nmental health shall notify the victim or victims in accordance with the\nprocedures set forth in subdivision (g) of section 10.10 of the mental\nhygiene law. In no case shall the state be held liable for failure to\nprovide any notice required by this subdivision.\n  6. Regardless of whether the victim requests to make a statement with\nregard to the defendant's sentence, where the defendant is sentenced for\na violent felony offense as defined in section 70.02 of the penal law or\na felony defined in article one hundred twenty-five of such law or any\nof the following provisions of such law sections 130.25, 130.30, former\nsection 130.40, former section 130.45, sections 255.25, 255.26, 255.27,\narticle two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 230.11,\n230.12, 230.13, subdivision two of section 230.30 or 230.32, the\nprosecutor shall, within sixty days of the imposition of sentence,\nprovide the victim with a form, prepared and distributed by the\ncommissioner of the division of criminal justice services, in\nconsultation with the director of the office of victim services, on\nwhich the victim may indicate a demand to be informed of any petition to\nchange the name of such defendant. Such forms shall be maintained by\nsuch prosecutor. Upon receipt of a notice of a petition to change the\nname of any such defendant, pursuant to subdivision two of section\nsixty-two of the civil rights law, the prosecutor shall promptly notify\nthe victim at the most current address or telephone number provided by\nsuch victim in the most reasonable and expedient possible manner of the\ntime and place such petition will be presented to the court.\n