N.Y. Criminal Procedure Law § 390.40: Defendant's or prosecutor's pre-sentence memorandum

§ 390.40 Defendant's or prosecutor's pre-sentence memorandum.

1. Either the defendant or prosecutor may, at any time prior to the

pronouncement of sentence, file with the court a written memorandum

setting forth any information he may deem pertinent to the question of

sentence. Such memorandum may include information with respect to any of

the matters described in section 390.30. The defendant may annex written

statements by others in support of facts alleged in the memorandum.

2. The memorandum of the prosecutor shall be served on the defendant's

attorney at least ten days prior to the date fixed for sentence.

3. The act of seeking health care for someone who is experiencing a

drug or alcohol overdose or other life threatening medical emergency

shall be considered by the court when presented as a mitigating factor

in any criminal prosecution for a controlled substance, marihuana, drug

paraphernalia, or alcohol related offense.