Section 63-D. Attorney-general; death penalty prosecutions

1.  The
  attorney-general  shall,  whenever  required  by  the  governor  or  his
  designee  after a request of the governor by a district attorney, direct
  that the resources and personnel of the department of  law  be  used  to
  provide  assistance  relating  to  the prosecution or appeal of any case
  where the defendant may  be  subject  to  the  penalty  of  death.  Such
  assistance shall include the use of any department resource or services,
  which  the  attorney-general  deems  proper,  and  may  be  performed or
  provided by the attorney-general or any employee of  the  department  of
  law.    Assistance  pursuant  to  this section may only be provided with
  respect to proceedings where:
    (i) the defendant is represented by counsel appointed pursuant to  the
  provisions  of  section  thirty-five-b  of  the  judiciary  law  or  the
  defendant is receiving expert, investigative or other services  pursuant
  to such section, or
    (ii)   the  defendant,  through  counsel  retained  privately  by  the
  defendant through his or her own means or through the means of a  person
  other than the defendant, or through representation by pro bono counsel,
  is  able  to  marshal  substantially  greater  legal  and  investigatory
  resources than those reasonably available to the district attorney.
    2. A  request  of  the  governor  made  by  a  district  attorney  for
  assistance in a death penalty case shall be accompanied by a certificate
  of  need  stating  that  as a result of cases where the defendant may be
  subject to the penalty of death additional resources  or  personnel  are
  needed  to  supplement  the  district  attorney's  staff  and  available
  resources in order to fulfill such district attorney's responsibilities.