N.Y. Comp. Codes R. & Regs. tit. 22 § 510.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 510.4 - Stays of execution: automatic or determined by superior court

(a) Upon appeal from a judgment including a sentence of death (C PL 460.40 [1]). The taking of an appeal by a defendant directly to the Court of Appeals from a superior court judgment including a sentence of death stays the execution of such sentence until determination of the appeal.

(b) Initial CPL article 440 proceedings (C PL 460.40[3]). Upon motion to the superior court judge or justice who signed the warrant of execution, a defendant sentenced to death shall be granted a stay of execution of a death warrant issued pursuant to Correction Law, article 22-B to allow the defendant an opportunity to prepare and timely file an initial motion in superior court pursuant to C PL 440.10 or 440.20. The order staying execution shall provide that the stay of execution shall continue until (1) the time for taking an appeal to the Court of Appeals from the superior court's denial of such CPL article 440 motion has expired, or (2) if an appeal is taken, until the Court of Appeals determines the appeal.

(c) Subsequent CPL article 440 proceedings (C PL 460.40[3]).

(1) In the event a defen dant sentenced to death files a motion for post-conviction relief pursuant to C PL 440.10 or 440.20 subsequent to the final determination of an initial CPL article 440 motion, the superior court may grant a stay of execution of a death warrant issued pursuant to Correction Law, article 22-B only for good cause shown.

(2) The people and a defendant sentenced to death shall have an appeal as of right directly to the Court of Appeals from a superior court order granting or denying such motion for a stay of execution. On such appeal, the court may affirm, reverse, or modify such order as the court deems appropriate.

(3) By the end of business on the date a notice of appeal from a superior court order granting or denying a motion for a stay of execution has been filed, the clerk of the superior court, and appellant or appellant's counsel, shall notify the clerk of the Court of Appeals by telephone of such filing. Telephone notice to the Court of Appeals does not relieve the clerk of the superior court of the duties imposed by section 510.6 of this Part.

(4) Upon the taking of an appeal from a superior court order granting or denying such a stay, the Court of Appeals shall forthwith issue a capital appeal management order establishing a schedule for perfecting the appeal. To the extent other provisions of this Part are inconsistent with a capital appeal management order so issued, the order shall supersede those provisions for purposes of the subject appeal only.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 510.4