New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter I - Court of Appeals
Subchapter B - Rules And Standards In Capital Cases
Part 510 - Rules Of The Court Of Appeals In Capital Cases
Section 510.4 - Stays of execution: automatic or determined by superior court
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Upon appeal from a judgment including a sentence of death (C PL 460.40 [1]). The taking of an appeal by a defendant directly to the Court of Appeals from a superior court judgment including a sentence of death stays the execution of such sentence until determination of the appeal.
(b) Initial CPL article 440 proceedings (C PL 460.40[3] ). Upon motion to the superior court judge or justice who signed the warrant of execution, a defendant sentenced to death shall be granted a stay of execution of a death warrant issued pursuant to Correction Law, article 22-B to allow the defendant an opportunity to prepare and timely file an initial motion in superior court pursuant to C PL 440.10 or 440.20. The order staying execution shall provide that the stay of execution shall continue until (1) the time for taking an appeal to the Court of Appeals from the superior court's denial of such CPL article 440 motion has expired, or (2) if an appeal is taken, until the Court of Appeals determines the appeal.
(c) Subsequent CPL article 440 proceedings (C PL 460.40[3]).