Legislation
SECTION 650
Warrant for execution of death sentence
Correction (COR) CHAPTER 43, ARTICLE 22-B
§ 650. Warrant for execution of death sentence. 1. When a person is
sentenced to the punishment of death, the justice or judge who presided
at the sentencing proceeding, or if that justice or judge is unavailable
for any reason, then any justice of the supreme court of the department
in which the defendant was sentenced, must, within seven days, make out,
sign and deliver to the sheriff of the county, a warrant directed to the
commissioner or to the superintendent of an institution in the
department designated by the commissioner. Such warrant shall state the
conviction and sentence, appoint a week on which the sentence shall be
executed, and command the commissioner to execute the sentence within
that week. In counties within the city of New York, or in the county of
Westchester, such warrant shall be made out as aforesaid, signed and
delivered to the commissioner of correction of such city or county.
2. If the execution of the sentence shall be delayed while the
conviction or sentence is being appealed, a justice or judge authorized
to act pursuant to subdivision one of this section, at the conclusion of
the state appellate process, if the conviction or sentence is not set
aside, must, within seven days, make out, sign and deliver another
warrant as provided in subdivision one of this section. If the execution
of the sentence on the date appointed is delayed by any other cause, the
justice or judge shall, as soon as such cause ceases to exist, make out,
sign and deliver another warrant.
sentenced to the punishment of death, the justice or judge who presided
at the sentencing proceeding, or if that justice or judge is unavailable
for any reason, then any justice of the supreme court of the department
in which the defendant was sentenced, must, within seven days, make out,
sign and deliver to the sheriff of the county, a warrant directed to the
commissioner or to the superintendent of an institution in the
department designated by the commissioner. Such warrant shall state the
conviction and sentence, appoint a week on which the sentence shall be
executed, and command the commissioner to execute the sentence within
that week. In counties within the city of New York, or in the county of
Westchester, such warrant shall be made out as aforesaid, signed and
delivered to the commissioner of correction of such city or county.
2. If the execution of the sentence shall be delayed while the
conviction or sentence is being appealed, a justice or judge authorized
to act pursuant to subdivision one of this section, at the conclusion of
the state appellate process, if the conviction or sentence is not set
aside, must, within seven days, make out, sign and deliver another
warrant as provided in subdivision one of this section. If the execution
of the sentence on the date appointed is delayed by any other cause, the
justice or judge shall, as soon as such cause ceases to exist, make out,
sign and deliver another warrant.