2017 New York Laws
PEN - Penal
Part 2 - Sentences
Title E - Sentences
Article 60 - Authorized Dispositions of Offenders
60.06 - Authorized Disposition; Murder in the First Degree Offenders; Aggravated Murder Offenders; Certain Murder in the Second Degree Offenders; Certain

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.