Section 250.40. Notice of intent to seek death penalty

1.  A  sentence of death may not be imposed upon a defendant convicted
  of murder in the first degree unless, pursuant  to  subdivision  two  of
  this  section,  the  people  file  with  the  court  and  serve upon the
  defendant a notice of intent to seek the death penalty.
    2. In any prosecution in which the people seek a  sentence  of  death,
  the  people  shall,  within  one  hundred twenty days of the defendant's
  arraignment upon an indictment charging the defendant with murder in the
  first degree, serve upon the defendant and file with the court in  which
  the  indictment  is  pending  a  written notice of intention to seek the
  death penalty. For good cause shown the court may extend the period  for
  service and filing of the notice.
    3.  Notwithstanding any other provisions of law, where the people file
  a notice of intent to seek the death penalty pursuant  to  this  section
  the  defendant  shall  be  entitled  to an additional sixty days for the
  purpose of filing new motions or supplementing pending motions.
    4. A notice of intent to seek the death penalty may  be  withdrawn  at
  any  time  by  a  written  notice of withdrawal filed with the court and
  served upon the defendant. Once withdrawn the notice of intent  to  seek
  the death penalty may not be refiled.