2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 380 - Sentencing in General › 380.50 - Statements at Time of Sentence.

§ 380.50 Statements at time of sentence.
1.  At  the  time  of  pronouncing sentence, the court must accord the
prosecutor an opportunity to make a statement with respect to any matter
relevant to the question of sentence. The court must then accord counsel
for the defendant an opportunity to speak on behalf  of  the  defendant.
The  defendant  also has the right to make a statement personally in his
or her own behalf, and before pronouncing sentence the  court  must  ask
the defendant whether he or she wishes to make such a statement.
2. (a) For purposes of this section "victim" shall mean:
(1) the victim as indicated in the accusatory instrument; or
(2)  if  such  victim  is  unable  or  unwilling to express himself or
herself before the court or a person so mentally or physically  disabled
as  to  make it impracticable to appear in court in person or the victim
is deceased, a member of  the  family  of  such  victim,  or  the  legal
guardian  or  representative  of  the legal guardian of the victim where
such  guardian  or  representative  has  personal  knowledge  of  and  a
relationship  with  the  victim, unless the court finds that it would be
inappropriate for such person to make  a  statement  on  behalf  of  the
victim.
(b)  If  the  defendant  is being sentenced for a felony the court, if
requested at least ten days prior to the sentencing date,  shall  accord
the  victim  the  right  to  make  a statement with regard to any matter
relevant to the  question  of  sentence.  The  court  shall  notify  the
defendant  no  less  than seven days prior to sentencing of the victim's
intent to make a statement at sentencing.  If  the  defendant  does  not
receive  timely  notice  pursuant to this subdivision, the defendant may
request a reasonable adjournment.
(c) Any statement by the victim must precede any statement by  counsel
to  the  defendant  or the defendant made pursuant to subdivision one of
this section. The defendant shall have the right to rebut any  statement
made by the victim.
(d)  Where  the  people and the defendant have agreed to a disposition
which includes a sentence acceptable to the court, and the court intends
to impose such sentence, any rebuttal by the defendant shall be  limited
to an oral presentation made at the time of sentencing.
(e) Where (1) the defendant has been found guilty after trial or there
is  no  agreement  between the people and the defendant as to a proposed
sentence or the court, after the statement by the victim, chooses not to
impose the proposed sentence agreed to by the parties; (2) the statement
by the victim includes allegations about the crime that were  not  fully
explored  during  the  proceedings  or  that  materially  vary  from  or
contradict the evidence at trial; and (3) the court determines that  the
allegations  are  relevant  to  the  issue of sentencing, then the court
shall afford the defendant the following rights:
(A) a reasonable adjournment of the sentencing to allow the  defendant
to present information to rebut the allegations by the victim; and
(B) allow the defendant to present written questions to the court that
the  defendant desires the court to put to the victim. The court may, in
its discretion, decline to put any  or  all  of  the  questions  to  the
victim.  Where  the court declines to put any or all of the questions to
the victim it shall state its reasons therefor on the record.
(f) If the victim does not appear to make a statement at the  time  of
sentencing,  the right to make a statement is waived. The failure of the
victim to  make  a  statement  shall  not  be  cause  for  delaying  the
proceedings  against the defendant nor shall it affect the validity of a
conviction, judgment or order.
3. The court may, either before or after  receiving  such  statements,
summarize  the factors it considers relevant for the purpose of sentence

and afford an opportunity to the defendant or  his  or  her  counsel  to
comment thereon.
4.  Regardless of whether the victim requests to make a statement with
regard to the defendant's sentence, where the defendant is committed  to
the  custody  of the department of corrections and community supervision
upon a sentence of imprisonment  for  conviction  of  a  violent  felony
offense as defined in section 70.02 of the penal law or a felony defined
in  article  one  hundred  twenty-five  of such law, or a sex offense as
defined in subdivision (p) of section 10.03 of the mental  hygiene  law,
within  sixty  days  of  the imposition of sentence the prosecutor shall
provide the  victim  with  a  form,  prepared  and  distributed  by  the
commissioner of the department of corrections and community supervision,
on  which the victim may indicate a demand to be informed of the escape,
absconding,  discharge,  parole,   conditional   release,   release   to
post-release  supervision,  transfer  to  the  custody  of the office of
mental health pursuant to article ten of  the  mental  hygiene  law,  or
release  from confinement under article ten of the mental hygiene law of
the person so imprisoned. If the victim submits a completed form to  the
prosecutor, it shall be the duty of the prosecutor to mail promptly such
form to the department of corrections and community supervision.
5. Following the receipt of such form from the prosecutor, it shall be
the  duty of the department of corrections and community supervision or,
where the person is committed to the custody of  the  office  of  mental
health,  at  the  time such person is discharged, paroled, conditionally
released,  released  to  post-release  supervision,  or  released   from
confinement  under  article ten of the mental hygiene law, to notify the
victim of such occurrence by certified mail or with the prior consent of
the victim either by regular mail or by  electronic  transmission  using
the contact information provided by the victim. In the event such person
escapes  or  absconds  from  a  facility  under  the jurisdiction of the
department of corrections and community supervision,  it  shall  be  the
duty  of  such  department  to  notify  immediately  the  victim of such
occurrence using the contact information provided by the victim  in  the
most reasonable and expedient possible manner. In the event such escapee
or  absconder  is  subsequently  taken into custody by the department of
corrections and community supervision, it shall  be  the  duty  of  such
department  to  notify  the  victim  of  such occurrence by certified or
regular mail or by electronic transmission using the contact information
provided by the  victim  within  forty-eight  hours  of  regaining  such
custody.  In  the  case  of  a  person  who  escapes  or  absconds  from
confinement under article ten of the mental hygiene law, the  office  of
mental  health shall notify the victim or victims in accordance with the
procedures set forth in subdivision (g) of section 10.10 of  the  mental
hygiene  law.  In  no case shall the state be held liable for failure to
provide any notice required by this subdivision.
* 6. Regardless of whether the victim requests  to  make  a  statement
with  regard  to  the  defendant's  sentence,  where  the  defendant  is
sentenced for a violent felony offense as defined in  section  70.02  of
the  penal law or a felony defined in article one hundred twenty-five of
such law or any of the following provisions of such law sections 130.25,
130.30, 130.40, 130.45, 255.25,  255.26,  255.27,  article  two  hundred
sixty-three,  135.10,  135.25,  230.05,  230.06, 230.11, 230.12, 230.13,
subdivision two of section  230.30  or  230.32,  the  prosecutor  shall,
within sixty days of the imposition of sentence, provide the victim with
a  form, prepared and distributed by the commissioner of the division of
criminal justice services, in consultation  with  the  director  of  the
office  of victim services, on which the victim may indicate a demand to
be informed of any petition to change the name of such  defendant.  Such

forms  shall  be maintained by such prosecutor. Upon receipt of a notice
of a petition to change the name of  any  such  defendant,  pursuant  to
subdivision  two  of  section  sixty-two  of  the  civil rights law, the
prosecutor  shall promptly notify the victim at the most current address
or telephone number provided by such victim in the most  reasonable  and
expedient  possible  manner  of the time and place such petition will be
presented to the court.
* NB Effective until September 1, 2024
* 6. Regardless of whether the victim requests  to  make  a  statement
with  regard  to  the  defendant's  sentence,  where  the  defendant  is
sentenced for a violent felony offense as defined in  section  70.02  of
the  penal law or a felony defined in article one hundred twenty-five of
such law or any of the following provisions of such law sections 130.25,
130.30, former section 130.40, former section 130.45,  sections  255.25,
255.26, 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05,
230.06,  230.11,  230.12,  230.13,  subdivision two of section 230.30 or
230.32, the prosecutor shall, within sixty days  of  the  imposition  of
sentence,  provide  the  victim with a form, prepared and distributed by
the commissioner of  the  division  of  criminal  justice  services,  in
consultation  with  the  director  of  the office of victim services, on
which the victim may indicate a demand to be informed of any petition to
change the name of such defendant. Such forms  shall  be  maintained  by
such  prosecutor.  Upon  receipt of a notice of a petition to change the
name of any such defendant,  pursuant  to  subdivision  two  of  section
sixty-two  of the civil rights law, the prosecutor shall promptly notify
the victim at the most current address or telephone number  provided  by
such  victim in the most reasonable and expedient possible manner of the
time and place such petition will be presented to the court.
* NB Effective September 1, 2024