Section 211-A. Required reports in capital cases  


Latest version.
  • The court of appeals shall
      promulgate  rules  to  ensure  that  in every criminal action in which a
      defendant is indicted for  the  commission  of  an  offense  defined  in
      section  125.27  of  the  penal  law, the clerk of the trial court shall
      prepare a data report  as  provided  by  this  section  not  later  than
      forty-five  days  following  the  disposition  of  the case by the trial
      court; provided, however, that if the indictment is dismissed,  no  such
      data  report  shall  be  required.   The data reports shall be in a form
      determined by the court of appeals.  Data reports shall be  prepared  by
      the  clerk  of  the  trial  court  by  reviewing  the  record  and  upon
      consultation with the prosecutor and the attorney for the defendant  and
      after  completion  shall  be  forwarded  to  the  clerk  of the court of
      appeals.  The form and the content of the  report  shall  be  consistent
      with  the  purpose  of  assisting  the  court  of appeals in determining
      pursuant to section 470.30 of the  criminal  procedure  law,  whether  a
      particular  sentence  of  death  is disproportionate or excessive in the
      context of penalties imposed in  similar  cases,  considering  both  the
      crime  or  crimes  and the defendant. Data reports developed pursuant to
      this section shall be compiled into a single uniform capital  case  data
      report,  which shall be available for use by appellants in capital cases
      in accordance with disclosure rules promulgated by the court of appeals.