February 16, 2016
This responds to your inquiry (15-230) asking if you may require defendants seeking re-sentencing under CPL 420.10 to complete a form requesting the same information you would otherwise request orally in court.
Whether the proposed form is proper is a question of law, not judicial ethics. Therefore, the Committee must decline to respond (see Judiciary Law §212[l]). However, the Committee notes that the Rules Governing Judicial Conduct do not prohibit a judge from asking a defendant legally permissible questions.
Enclosed, for your convenience, are Opinions 10-196 and 10-114 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dep’t (Ret.)