2010 New York Code
EXC - Executive
Article 23 - (640 - 649) FAIR TREATMENT STANDARDS FOR CRIME VICTIMS
647 - Criteria.

§ 647. Criteria.  Fair  treatment  standards  for crime victims in the
  courts shall provide that:
    1.  The court shall consider the views of  the  victim  of  a  violent
  felony  offense,  a  felony  involving  physical injury to the victim, a
  felony involving property loss or damage in excess of two hundred  fifty
  dollars,  a  felony involving attempted or threatened physical injury or
  property loss or damage in excess of two  hundred  fifty  dollars  or  a
  felony  involving  larceny  against  the  person,  or of the family of a
  homicide  victim  or  minor  child,  regarding  discretionary  decisions
  relating  to  the  criminal  case,  including,  but not limited to, plea
  agreements and sentence. In addition, the court shall consider the views
  of the victim or family of the victim, as  appropriate,  concerning  the
  release   of  the  defendant  in  the  victim's  case  pending  judicial
  proceedings upon an  indictment,  and  concerning  the  availability  of
  sentencing  alternatives  such  as community supervision and restitution
  from the defendant. The failure of the court to consider  the  views  of
  the  victim  or family of the victim shall not be cause for delaying the
  proceedings against the defendant nor shall it affect the validity of  a
  conviction, judgment or order.
    2.  The victims and other prosecution witnesses shall, where possible,
  be provided, when awaiting court appearances, a secure waiting area that
  is separate from all other witnesses.
    3. The court shall assist in and expedite the return of property  held
  for  evidentiary  purposes  unless  there  is  a  compelling  reason for
  retaining it relating to proof at trial.
    4.  Victim  assistance  education  shall  be  given  to  judicial  and
  nonjudicial personnel of the unified court system so that victims may be
  promptly, properly and completely assisted.