Section 440.50. Notice to crime victims of case disposition  


Latest version.
  • 1.  Upon  the  request  of a victim of a crime, or in any event in all
      cases in which the final disposition includes a conviction of a  violent
      felony  offense as defined in section 70.02 of the penal law or a felony
      defined in article one hundred twenty-five of  such  law,  the  district
      attorney  shall, within sixty days of the final disposition of the case,
      inform the victim by letter of such final  disposition.  If  such  final
      disposition results in the commitment of the defendant to the custody of
      the  department  of correctional services for an indeterminate sentence,
      the notice provided to the crime victim shall also inform the victim  of
      his  or  her right to submit a written, audiotaped, or videotaped victim
      impact statement to the state division of parole or to  meet  personally
      with  a member of the state board of parole at a time and place separate
      from the personal interview between a member or members of the board and
      the inmate  and  make  such  a  statement,  subject  to  procedures  and
      limitations   contained   in  rules  of  the  board,  both  pursuant  to
      subdivision two of section two hundred  fifty-nine-i  of  the  executive
      law.  The right of the victim under this subdivision to submit a written
      victim impact statement or to meet personally with a member of the state
      board of parole applies to each personal interview between a  member  or
      members of the board and the inmate.
        2.  As  used  in  this  section,  "victim" means any person alleged or
      found, upon the record, to have sustained physical or  financial  injury
      to  person  or  property  as  a  direct result of the crime charged or a
      person alleged or found to have sustained, upon the record,  an  offense
      under  article  one hundred thirty of the penal law, or in the case of a
      homicide or minor child, the victim's family.
        3. As used in this section,  "final  disposition"  means  an  ultimate
      termination  of  the  case at the trial level including, but not limited
      to, dismissal, acquittal, or imposition of sentence by the court,  or  a
      decision  by the district attorney, for whatever reason, to not file the
      case.