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This entry was published on 2021-08-13
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SECTION 440.50
Notice to crime victims of case disposition
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE M, ARTICLE 440
§ 440.50 Notice to crime victims of case disposition.

1. Upon the request of a victim of a crime, or in any event in all
cases in which the final disposition includes a conviction of a violent
felony offense as defined in section 70.02 of the penal law, a felony
defined in article one hundred twenty-five of such law, or a felony
defined in article one hundred thirty of such law, the district attorney
shall, within sixty days of the final disposition of the case, inform
the victim by letter of such final disposition. If such final
disposition results in the commitment of the defendant to the custody of
the department of corrections and community supervision for an
indeterminate sentence, the notice provided to the crime victim shall
also inform the victim of his or her right to submit a written,
audiotaped, or videotaped victim impact statement to the department of
corrections and community supervision or to meet personally with a
member of the state board of parole at a time and place separate from
the personal interview between a member or members of the board and the
incarcerated individual and make such a statement, subject to procedures
and limitations contained in rules of the board, both pursuant to
subdivision two of section two hundred fifty-nine-i of the executive
law. A copy of such letter shall be provided to the board of parole. The
right of the victim under this subdivision to submit a written victim
impact statement or to meet personally with a member of the state board
of parole applies to each personal interview between a member or members
of the board and the incarcerated individual.

2. As used in this section, "victim" means any person alleged or
found, upon the record, to have sustained physical or financial injury
to person or property as a direct result of the crime charged or a
person alleged or found to have sustained, upon the record, an offense
under article one hundred thirty of the penal law, or in the case of a
homicide or minor child, the victim's family.

3. As used in this section, "final disposition" means an ultimate
termination of the case at the trial level including, but not limited
to, dismissal, acquittal, or imposition of sentence by the court, or a
decision by the district attorney, for whatever reason, to not file the
case.