22 CRR-NY 218.4NY-CRR
22 CRR-NY 218.4
22 CRR-NY 218.4
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.
22 CRR-NY 218.4
Current through August 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.