CPL § 390.40

Defendant's or prosecutor's pre-sentence memorandum

§ 390.40 Defendant's or prosecutor's pre-sentence memorandum.

1. Either the defendant or prosecutor may, at any time prior to the pronouncement of sentence, file with the court a written memorandum setting forth any information he may deem pertinent to the question of sentence. Such memorandum may include information with respect to any of the matters described in section 390.30. The defendant may annex written statements by others in support of facts alleged in the memorandum.

2. The memorandum of the prosecutor shall be served on the defendant's attorney at least ten days prior to the date fixed for sentence.

3. The act of seeking health care for someone who is experiencing a drug or alcohol overdose or other life threatening medical emergency shall be considered by the court when presented as a mitigating factor in any criminal prosecution for a controlled substance, marihuana, drug paraphernalia, or alcohol related offense.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/390.40

In plain English

1. Either the defendant or prosecutor may, any time before sentence, file a written memo with any information pertinent to sentence (including § 390.30 matters); the defendant may attach others' written statements.
2. The prosecutor's memo must be served on the defense at least 10 days before the sentencing date. ★
3. Seeking health care for someone overdosing or in a life-threatening emergency shall be considered as a mitigating factor in drug/alcohol-related prosecutions.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.