2006 New York Code - Statements At Time Of Sentence.

 
  § 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 correctional services 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, 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 correctional
  services, on which the victim may indicate a demand to  be  informed  of
  the  escape,  absconding,  discharge,  parole,  conditional  release  or
  release to post-release supervision 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
  correctional services.
    5.  Following the receipt of such form from the prosecutor,  it  shall
  be the duty of the department of correctional services, at the time such
  person  is  discharged,  paroled,  conditionally released or released to
  post-release supervision, to notify the victim  of  such  occurrence  by
  certified  mail  directed to the address provided by the victim.  In the
  event such  person  escapes  or  absconds  from  a  facility  under  the
  jurisdiction of the department of correctional services, it shall be the
  duty  of  such  department  to  notify  immediately  the  victim of such
  occurrence at the most current address or telephone number  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 correctional services, it shall be the  duty  of  such
  department  to  notify  the  victim of such occurrence by certified mail
  directed to the address provided by the victim within forty-eight  hours
  of  regaining  such custody.   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, article 263, 135.10, 135.25, 230.05, 230.06, 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  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.