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This entry was published on 2014-09-22
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SECTION 60.06
Authorized disposition; murder in the first degree offenders; aggravated murder offenders; certain murder in the second degree offenders;...
Penal (PEN) CHAPTER 40, PART 2, TITLE E, ARTICLE 60
§ 60.06 Authorized disposition; murder in the first degree offenders;

aggravated murder offenders; certain murder in the second

degree offenders; certain terrorism offenders; criminal

possession of a chemical weapon or biological weapon

offenders; criminal use of a chemical weapon or biological

weapon offenders.

When a defendant is convicted of murder in the first degree as defined
in section 125.27 of this chapter, the court shall, in accordance with
the provisions of section 400.27 of the criminal procedure law, sentence
the defendant to death, to life imprisonment without parole in
accordance with subdivision five of section 70.00 of this title, or to a
term of imprisonment for a class A-I felony other than a sentence of
life imprisonment without parole, in accordance with subdivisions one
through three of section 70.00 of this title. When a person is convicted
of murder in the second degree as defined in subdivision five of section
125.25 of this chapter or of the crime of aggravated murder as defined
in subdivision one of section 125.26 of this chapter, the court shall
sentence the defendant to life imprisonment without parole in accordance
with subdivision five of section 70.00 of this title. When a defendant
is convicted of the crime of terrorism as defined in section 490.25 of
this chapter, and the specified offense the defendant committed is a
class A-I felony offense, or when a defendant is convicted of the crime
of criminal possession of a chemical weapon or biological weapon in the
first degree as defined in section 490.45 of this chapter, or when a
defendant is convicted of the crime of criminal use of a chemical weapon
or biological weapon in the first degree as defined in section 490.55 of
this chapter, the court shall sentence the defendant to life
imprisonment without parole in accordance with subdivision five of
section 70.00 of this title; provided, however, that nothing in this
section shall preclude or prevent a sentence of death when the defendant
is also convicted of murder in the first degree as defined in section
125.27 of this chapter. When a defendant is convicted of aggravated
murder as defined in subdivision two of section 125.26 of this chapter,
the court shall sentence the defendant to life imprisonment without
parole or to a term of imprisonment for a class A-I felony other than a
sentence of life imprisonment without parole, in accordance with
subdivisions one through three of section 70.00 of this title.