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PART 218.
Uniform Rules For The Trial Courts In Capital Cases
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| 218.1 Record transcription
and reproduction; settlement
218.2 Capital sentencing determination and findings
form
218.3 Notice to the capital defender office
218.4 Stays of execution: automatic or determined
by superior court
218.5 Case history
218.6 Remittitur
218.10 [Repealed]
218.20 to 218.22 [Repealed]
218.30 to 218.32 [Repealed] |
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218.1 Record transcription and reproduction; settlement.
(a) During the course of capital proceedings before the
superior court, and at all times thereafter, the clerk of
the superior court shall take all necessary steps to insure
the accuracy and completeness of the record of the proceedings.
(b) The court reporter shall take, and keep electronically,
minutes of all capital proceedings occurring in the superior
court. Transcription shall proceed in compliance with any
relevant superior court order and the Court of Appeals Capital
Appeal Management Order (22 NYCRR 510.4[c][4]; 510.8[a]).
Where a copy of the minutes of any proceedings in the superior
court was ordered during the course of the superior court
proceedings, defense counsel and the prosecutor shall preserve
their respective copies of the transcript. Transcripts shall
be settled pursuant to CPLR 5525(c) within such time limits
and pursuant to such additional procedures as may be set
by Court of Appeals order.
(c) Upon the filing of a notice of appeal, the superior
court clerk shall expeditiously assemble, reproduce, and
transmit to appellant the record of the proceedings. Appellant
shall be responsible for the timely preparation and filing
of the record on appeal in accordance with the Capital Appeal
Management Order issued by the Court of Appeals pursuant
to 22 NYCRR 510.4(c)(4) or 510.8(a).
(d) The record on appeal shall comply with 22 NYCRR 510.11(b),
and be stipulated to or settled on motion. The parties may
stipulate to the correctness of the contents of the record
on appeal using the process provided by CPLR 5525(c)(1). Where
the parties are unable to agree and stipulate to the contents
of the record on appeal, appellant shall move, on notice,
to settle the record in the superior court from which the
appeal is taken.
Historical Note
Sec. filed Jan. 24, 1996; repealed, new filed Oct. 24, 1997;
amd. filed Jan. 16, 2003 eff. Feb. 5, 2003. Amended (b). |
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| Section
218.2 Capital sentencing determination and findings form.
In all criminal actions in which a separate sentencing
proceeding is conducted in accordance with the procedures
set forth in section 400.27 of the Criminal Procedure Law,
the superior court shall provide the jury with a Sentencing
Determination and Findings Form, as prescribed by the Court
of Appeals, on which the jury must record its determination
of sentence and its specification of those mitigating and
aggravating factors considered and those mitigating factors
established by the defendant. The superior court judge shall
instruct the jury on how to complete the form and shall
ensure that the form is properly completed.
Historical Note
Sec. filed Oct. 24, 1997 eff. Nov. 19, 1997. |
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Section
218.3 Notice to the capital defender office.
(a) The clerk of the superior court in whose office a judgment
that includes a sentence of death has been entered shall notify
the capital defender office by the end of business on the
day such determination is handed down.
(b) Notice to the capital defender office required pursuant
to subdivision (a) of this section shall consist of telephone,
facsimile, electronic mail or other prompt electronic means
of communication, which shall be followed by first class mail
notification within two business days after rendition of the
sentence.
(c) The clerk of the superior court shall retain a written
record of the electronic and written notice given pursuant
to subdivision (b) of this section.
Historical Note
Sec. filed Oct. 24, 1997 eff. Nov. 19, 1997. |
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218.4 Stays of execution: automatic or determined by superior
court.
(a) Upon appeal from a judgment including
a sentence of death (CPL 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 (CPL 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 CPL 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 (CPL 460.40[3]).
(1) In the event a defendant sentenced to death files a
motion for postconviction relief pursuant to CPL 440.10 or
440.20 subsequent to the final determination of an initial
CPL article 440 motion, the superior court may grant a stay
of execution of a death warrant issued pursuant to Correction
Law, article 22-B only for good cause shown.
(2) By the end of business on the date a notice of appeal
from a superior court order granting or denying a motion for
a stay of execution has been filed, the clerk of the superior
court, and appellant or appellant's counsel, shall notify
the clerk of the Court of Appeals by telephone of such filing.
Telephone notice to the Court of Appeals does not relieve
the clerk of the superior court of the duties imposed by section
218.5 of this Part.
Historical Note
Sec. filed Oct. 24, 1997 eff. Nov. 19, 1997. |
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218.5 Case history. (a) Within 15 days after the
filing of a notice of appeal to the Court of Appeals in
a case involving a sentence of death, except in those appeals
taken pursuant to CPL 460.40(3) from an order of a superior
court granting or denying a motion for a stay of execution,
the clerk of the superior court in which the judgment or
order being appealed from was rendered shall transmit to
the clerk of the Court of Appeals a Case History including:
(1) the duplicate notice of appeal;
(2) a chronological list of all proceedings below giving
rise to this particular appeal, noting which transcripts have
been, or must be, prepared; and
(3) a list of all exhibits introduced in the proceedings
below giving rise to this particular appeal.
The clerk of the superior court shall transmit to counsel
for the parties copies of paragraphs (2) and (3) of this subdivision.
Historical Note
Sec. filed Oct. 24, 1997 eff. Nov. 19, 1997. |
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218.6 Remittitur. The remittitur of the Court of
Appeals containing the court's adjudication, together with
the return papers filed with the court, shall be sent to the
clerk of the court to which the case is remitted, there to
be proceeded upon according to law. Any order to effect the
adjudication contained in the Court of Appeals' remittitur
shall be sought, entered and enforced in the superior court.
Historical Note
Sec. filed Oct. 24, 1997 eff. Nov. 19, 1997. |
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218.7 Capital case data reports. (a) In each criminal
action in which the defendant has been indicted for commission
of an offense defined in section 125.27 of the Penal Law,
except those in which the indictment is dismissed or the defendant
is acquitted, the clerk of the superior court, within 45 days
after the disposition of the action in such court, shall prepare
and send to the Court of Appeals a Capital Case Data Report
in the form prescribed by the Court of Appeals. Data reports
shall be prepared by the clerk of the superior court by reviewing
the record and upon consultation with the prosecutor and counsel
for the defendant. Such data reports shall not constitute
a part of the record in the underlying criminal action. The
clerk of the superior court shall retain, in a confidential
file kept separate from the record in the underlying criminal
action, a copy of each such data report sent to the Court
of Appeals, and may disclose a data report, or any part thereof,
only upon order of the Court of Appeals for exceptional cause
shown.
(b) All Capital Case Data Reports received by the Court
of Appeals shall be compiled into a uniform Capital Case
Data Report, which may consist of a computer data base containing
the information in each Capital Case Data Report. Upon request,
the Uniform Capital Case Data Report shall be made available
to the parties on appeal to the Court of Appeals in cases
where a sentence of death has been imposed.
(c) If the conviction or sentence in such criminal action
is subsequently reversed or modified, the Capital Case Data Report shall be notated to reflect the reversal or modification.
If an intermediate appellate court reverses or modifies the
conviction or sentence, that court shall forward a copy of
its remittitur to the Court of Appeals within 10 days after
entry. If a new disposition in the action ensues in the superior
court, the superior court clerk shall prepare a new Capital Case Data Report. Upon completion, the superior court clerk
shall send the new Capital Case Data Report to the clerk of
the Court of Appeals with a notice that the new report should
be substituted in the data base for the previous report.
Historical Note
Sec. filed Oct. 24, 1997; amds. filed: April 7, 2000; Jan.
16, 2003 eff. Feb. 5, 2003. Amended (c). |
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218.10 [Repealed] Historical Note
Sec. filed Jan. 24, 1996; repealed, filed Oct. 24, 1997 eff.
Nov. 19, 1997. |
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| Section
218.20 to 218.22 [Repealed] Historical
Note
Secs. filed Feb. 28, 1996; repealed, filed Oct. 24, 1997 eff.
Nov. 19, 1997. |
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| Section
218.30 to 218.32 [Repealed] Historical
Note
Secs. filed Feb. 28, 1996; repealed, filed Oct. 24, 1997 eff.
Nov. 19, 1997. |
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