N.Y. Criminal Procedure Law § 250.40: Notice of intent to seek death penalty

§ 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 A notice of intent to seek the death penalty may be withdrawn at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 Once withdrawn the notice of intent to seek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.