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This entry was published on 2014-09-22
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Attorney-general; death penalty prosecutions
Executive (EXC) CHAPTER 18, ARTICLE 5
§ 63-d. Attorney-general; death penalty prosecutions. 1. The
attorney-general shall, whenever required by the governor or his
designee after a request of the governor by a district attorney, direct
that the resources and personnel of the department of law be used to
provide assistance relating to the prosecution or appeal of any case
where the defendant may be subject to the penalty of death. Such
assistance shall include the use of any department resource or services,
which the attorney-general deems proper, and may be performed or
provided by the attorney-general or any employee of the department of
law. Assistance pursuant to this section may only be provided with
respect to proceedings where:

(i) the defendant is represented by counsel appointed pursuant to the
provisions of section thirty-five-b of the judiciary law or the
defendant is receiving expert, investigative or other services pursuant
to such section, or

(ii) the defendant, through counsel retained privately by the
defendant through his or her own means or through the means of a person
other than the defendant, or through representation by pro bono counsel,
is able to marshal substantially greater legal and investigatory
resources than those reasonably available to the district attorney.

2. A request of the governor made by a district attorney for
assistance in a death penalty case shall be accompanied by a certificate
of need stating that as a result of cases where the defendant may be
subject to the penalty of death additional resources or personnel are
needed to supplement the district attorney's staff and available
resources in order to fulfill such district attorney's responsibilities.