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This entry was published on 2014-09-22
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Payments of expert fees in criminal cases in which the death penalty may be imposed
§ 707. Payments of expert fees in criminal cases in which the death
penalty may be imposed. 1. Notwithstanding any other provision of law to
the contrary, upon a finding in an ex parte proceeding that expert
services are reasonably necessary for the prosecution of the case
whether in connection with issues relating to guilt or sentencing or
that investigative services relating to a separate sentencing proceeding
or mental retardation hearing pursuant to section 400.27 of the criminal
procedure law are reasonably necessary, the trial court shall authorize
the payment of fees and expenses for such services. Upon a finding that
timely procurement of such services could not practicably await prior
authorization, the court may authorize the provision and payment for
such services nunc pro tunc.

2. Each appellate division shall establish the rates of fees and
expenses to be paid for expert and investigative services pursuant to
subdivision one of this section.

3. Any fee or expense to be paid pursuant to this section shall be a
state charge payable on vouchers approved by the court which fixed the
same after audit by and on the warrant of the comptroller.

4. Whenever a court disapproves, in whole or in part, a request for
authorization or voucher, the district attorney may apply to a justice
of an intermediate appellate court for an order approving the request or