Section 707. Payments of expert fees in criminal cases in which the death penalty may be imposed

1. Notwithstanding any other provision of law to
  the contrary, upon a finding in  an  ex  parte  proceeding  that  expert
  services  are  reasonably  necessary  for  the  prosecution  of the case
  whether in connection with issues relating to  guilt  or  sentencing  or
  that investigative services relating to a separate sentencing proceeding
  or mental retardation hearing pursuant to section 400.27 of the criminal
  procedure  law are reasonably necessary, the trial court shall authorize
  the payment of fees and expenses for such services.  Upon a finding that
  timely procurement of such services could not  practicably  await  prior
  authorization,  the  court  may  authorize the provision and payment for
  such services nunc pro tunc.
    2. Each appellate division shall  establish  the  rates  of  fees  and
  expenses  to  be  paid for expert and investigative services pursuant to
  subdivision one of this section.
    3. Any fee or expense to be paid pursuant to this section shall  be  a
  state  charge  payable on vouchers approved by the court which fixed the
  same after audit by and on the warrant of the comptroller.
    4. Whenever a court disapproves, in whole or in part,  a  request  for
  authorization  or  voucher, the district attorney may apply to a justice
  of an intermediate appellate court for an order approving the request or
  voucher.