N.Y. Penal Law § 60.06: Authorized disposition; murder in the first degree offenders; aggravated murder offenders; certain murder in the second degree offenders;...

§ 60.06 Authorized disposition; murder in the first degree offenders;

aggravated murder offenders; certain murder in the second

degree offenders; certain terrorism offenders; criminal

possession of a chemical weapon or biological weapon

offenders; criminal use of a chemical weapon or biological

weapon offenders.

When a defendant is convicted of murder in the first degree as defined

in section 125.27 of this chapter, the court shall, in accordance with

the provisions of section 400.27 of the criminal procedure law, sentence

the defendant to death, to life imprisonment without parole in

accordance with subdivision five of section 70.00 of this title, or to a

term of imprisonment for a class A-I felony other than a sentence of

life imprisonment without parole, in accordance with subdivisions one

through three of section 70.00 of this title. When a person is convicted

of murder in the second degree as defined in subdivision five of section

125.25 of this chapter or of the crime of aggravated murder as defined

in subdivision one of section 125.26 of this chapter, the court shall

sentence the defendant to life imprisonment without parole in accordance

with subdivision five of section 70.00 of this title. When a defendant

is convicted of the crime of terrorism as defined in section 490.25 of

this chapter, and the specified offense the defendant committed is a

class A-I felony offense, or when a defendant is convicted of the crime

of criminal possession of a chemical weapon or biological weapon in the

first degree as defined in section 490.45 of this chapter, or when a

defendant is convicted of the crime of criminal use of a chemical weapon

or biological weapon in the first degree as defined in section 490.55 of

this chapter, the court shall sentence the defendant to life

imprisonment without parole in accordance with subdivision five of

section 70.00 of this title; provided, however, that nothing in this

section shall preclude or prevent a sentence of death when the defendant

is also convicted of murder in the first degree as defined in section

125.27 of this chapter. When a defendant is convicted of aggravated

murder as defined in subdivision two of section 125.26 of this chapter,

the court shall sentence the defendant to life imprisonment without

parole or to a term of imprisonment for a class A-I felony other than a

sentence of life imprisonment without parole, in accordance with

subdivisions one through three of section 70.00 of this title.