N.Y. Executive Law § 647: Criteria

§ 647. Criteria. Fair treatment standards for crime victims in the

courts shall provide that:

1. The court shall consider the views of the victim of a violent

felony offense, a felony involving physical injury to the victim, a

felony involving property loss or damage in excess of two hundred fifty

dollars, a felony involving attempted or threatened physical injury or

property loss or damage in excess of two hundred fifty dollars or a

felony involving larceny against the person, or of the family of a

homicide victim or minor child, regarding discretionary decisions

relating to the criminal case, including, but not limited to, plea

agreements and sentence. In addition, the court shall consider the views

of the victim or family of the victim, as appropriate, concerning the

release of the defendant in the victim's case pending judicial

proceedings upon an indictment, and concerning the availability of

sentencing alternatives such as community supervision and restitution

from the defendant. The failure of the court to consider the views of

the victim or family of the victim shall not be cause for delaying the

proceedings against the defendant nor shall it affect the validity of a

conviction, judgment or order.

2. The victims and other prosecution witnesses shall, where possible,

be provided, when awaiting court appearances, a secure waiting area that

is separate from all other witnesses.

3. The court shall assist in and expedite the return of property held

for evidentiary purposes unless there is a compelling reason for

retaining it relating to proof at trial.

4. Victim assistance education shall be given to judicial and

nonjudicial personnel of the unified court system so that victims may be

promptly, properly and completely assisted.