§ 380.50 Statements at time of sentence.

1. At the time of pronouncing sentence, the court must accord the
prosecutor an opportunity to make a statement with respect to any matter
relevant to the question of sentence. The court must then accord counsel
for the defendant an opportunity to speak on behalf of the defendant.
The defendant also has the right to make a statement personally in his
or her own behalf, and before pronouncing sentence the court must ask
the defendant whether he or she wishes to make such a statement.

2. (a) For purposes of this section "victim" shall mean:

(1) the victim as indicated in the accusatory instrument; or

(2) if such victim is unable or unwilling to express himself or
herself before the court or a person so mentally or physically disabled
as to make it impracticable to appear in court in person or the victim
is deceased, a member of the family of such victim, or the legal
guardian or representative of the legal guardian of the victim where
such guardian or representative has personal knowledge of and a
relationship with the victim, unless the court finds that it would be
inappropriate for such person to make a statement on behalf of the
victim.

(b) If the defendant is being sentenced for a felony the court, if
requested at least ten days prior to the sentencing date, shall accord
the victim the right to make a statement with regard to any matter
relevant to the question of sentence. The court shall notify the
defendant no less than seven days prior to sentencing of the victim's
intent to make a statement at sentencing. If the defendant does not
receive timely notice pursuant to this subdivision, the defendant may
request a reasonable adjournment.

(c) Any statement by the victim must precede any statement by counsel
to the defendant or the defendant made pursuant to subdivision one of
this section. The defendant shall have the right to rebut any statement
made by the victim.

(d) Where the people and the defendant have agreed to a disposition
which includes a sentence acceptable to the court, and the court intends
to impose such sentence, any rebuttal by the defendant shall be limited
to an oral presentation made at the time of sentencing.

(e) Where (1) the defendant has been found guilty after trial or there
is no agreement between the people and the defendant as to a proposed
sentence or the court, after the statement by the victim, chooses not to
impose the proposed sentence agreed to by the parties; (2) the statement
by the victim includes allegations about the crime that were not fully
explored during the proceedings or that materially vary from or
contradict the evidence at trial; and (3) the court determines that the
allegations are relevant to the issue of sentencing, then the court
shall afford the defendant the following rights:

(A) a reasonable adjournment of the sentencing to allow the defendant
to present information to rebut the allegations by the victim; and

(B) allow the defendant to present written questions to the court that
the defendant desires the court to put to the victim. The court may, in
its discretion, decline to put any or all of the questions to the
victim. Where the court declines to put any or all of the questions to
the victim it shall state its reasons therefor on the record.

(f) If the victim does not appear to make a statement at the time of
sentencing, the right to make a statement is waived. The failure of the
victim to make a statement shall not be cause for delaying the
proceedings against the defendant nor shall it affect the validity of a
conviction, judgment or order.

3. The court may, either before or after receiving such statements,
summarize the factors it considers relevant for the purpose of sentence
and afford an opportunity to the defendant or his or her counsel to
comment thereon.

4. Regardless of whether the victim requests to make a statement with
regard to the defendant's sentence, where the defendant is committed to
the custody of the department of corrections and community supervision
upon a sentence of imprisonment for conviction of a violent felony
offense as defined in section 70.02 of the penal law or a felony defined
in article one hundred twenty-five of such law, or a sex offense as
defined in subdivision (p) of section 10.03 of the mental hygiene law,
within sixty days of the imposition of sentence the prosecutor shall
provide the victim with a form, prepared and distributed by the
commissioner of the department of corrections and community supervision,
on which the victim may indicate a demand to be informed of the escape,
absconding, discharge, parole, conditional release, release to
post-release supervision, transfer to the custody of the office of
mental health pursuant to article ten of the mental hygiene law, or
release from confinement under article ten of the mental hygiene law of
the person so imprisoned. If the victim submits a completed form to the
prosecutor, it shall be the duty of the prosecutor to mail promptly such
form to the department of corrections and community supervision.

5. Following the receipt of such form from the prosecutor, it shall be
the duty of the department of corrections and community supervision or,
where the person is committed to the custody of the office of mental
health, at the time such person is discharged, paroled, conditionally
released, released to post-release supervision, or released from
confinement under article ten of the mental hygiene law, to notify the
victim of such occurrence by certified mail or with the prior consent of
the victim either by regular mail or by electronic transmission using
the contact information provided by the victim. In the event such person
escapes or absconds from a facility under the jurisdiction of the
department of corrections and community supervision, it shall be the
duty of such department to notify immediately the victim of such
occurrence using the contact information provided by the victim in the
most reasonable and expedient possible manner. In the event such escapee
or absconder is subsequently taken into custody by the department of
corrections and community supervision, it shall be the duty of such
department to notify the victim of such occurrence by certified or
regular mail or by electronic transmission using the contact information
provided by the victim within forty-eight hours of regaining such
custody. In the case of a person who escapes or absconds from
confinement under article ten of the mental hygiene law, the office of
mental health shall notify the victim or victims in accordance with the
procedures set forth in subdivision (g) of section 10.10 of the mental
hygiene law. In no case shall the state be held liable for failure to
provide any notice required by this subdivision.

* 6. Regardless of whether the victim requests to make a statement
with regard to the defendant's sentence, where the defendant is
sentenced for a violent felony offense as defined in section 70.02 of
the penal law or a felony defined in article one hundred twenty-five of
such law or any of the following provisions of such law sections 130.25,
130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred
sixty-three, 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13,
subdivision two of section 230.30 or 230.32, the prosecutor shall,
within sixty days of the imposition of sentence, provide the victim with
a form, prepared and distributed by the commissioner of the division of
criminal justice services, in consultation with the director of the
office of victim services, on which the victim may indicate a demand to
be informed of any petition to change the name of such defendant. Such
forms shall be maintained by such prosecutor. Upon receipt of a notice
of a petition to change the name of any such defendant, pursuant to
subdivision two of section sixty-two of the civil rights law, the
prosecutor shall promptly notify the victim at the most current address
or telephone number provided by such victim in the most reasonable and
expedient possible manner of the time and place such petition will be
presented to the court.

* NB Effective until September 1, 2024

* 6. Regardless of whether the victim requests to make a statement
with regard to the defendant's sentence, where the defendant is
sentenced for a violent felony offense as defined in section 70.02 of
the penal law or a felony defined in article one hundred twenty-five of
such law or any of the following provisions of such law sections 130.25,
130.30, former section 130.40, former section 130.45, sections 255.25,
255.26, 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05,
230.06, 230.11, 230.12, 230.13, subdivision two of section 230.30 or
230.32, the prosecutor shall, within sixty days of the imposition of
sentence, provide the victim with a form, prepared and distributed by
the commissioner of the division of criminal justice services, in
consultation with the director of the office of victim services, on
which the victim may indicate a demand to be informed of any petition to
change the name of such defendant. Such forms shall be maintained by
such prosecutor. Upon receipt of a notice of a petition to change the
name of any such defendant, pursuant to subdivision two of section
sixty-two of the civil rights law, the prosecutor shall promptly notify
the victim at the most current address or telephone number provided by
such victim in the most reasonable and expedient possible manner of the
time and place such petition will be presented to the court.

* NB Effective September 1, 2024