N.Y. Executive Law § 63-d: Attorney-general; death penalty prosecutions

§ 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.