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New York Penal Law Section 60.06 - Authorized Disposition; Murder In The First Degree Offenders; Aggravated Murder; Certain Murder In The Second Degree Offenders; Certain Terrorism Offe

Legal Research Home > New York Lawyer > Penal > New York Penal Law Section 60.06 - Authorized Disposition; Murder In The First Degree Offenders; Aggravated Murder; Certain Murder In The Second Degree Offenders; Certain Terrorism Offe

 
    § 60.06  Authorized  disposition; murder in the first degree offenders;
            aggravated  murder;  certain  murder  in  the  second   degree
            offenders; certain terrorism offenders; criminal possession of
            a chemical weapon or biological weapon offenders; criminal use
            of a chemical weapon or biological weapon offenders.
    When a defendant is convicted of murder in the first degree as defined
  in  section  125.27 of this chapter, the court shall, in accordance with
  the provisions of section 400.27 of the criminal procedure law, sentence
  the  defendant  to  death,  to  life  imprisonment  without  parole   in
  accordance with subdivision five of section 70.00 of this title, or to a
  term  of  imprisonment  for  a class A-I felony other than a sentence of
  life imprisonment without parole, in accordance  with  subdivisions  one
  through three of section 70.00 of this title. When a person is convicted
  of murder in the second degree as defined in subdivision five of section
  125.25  of  this chapter or of the crime of aggravated murder as defined
  in section  125.26  of  this  chapter,  the  court  shall  sentence  the
  defendant  to  life  imprisonment  without  parole  in  accordance  with
  subdivision five of section 70.00 of this title.  When  a  defendant  is
  convicted of the crime of terrorism as defined in section 490.25 of this
  chapter,  and  the  specified offense the defendant committed is a class
  A-I felony offense, or when a defendant is convicted  of  the  crime  of
  criminal  possession  of  a  chemical weapon or biological weapon in the
  first degree as defined in section 490.45 of this  chapter,  or  when  a
  defendant is convicted of the crime of criminal use of a chemical weapon
  or biological weapon in the first degree as defined in section 490.55 of
  this   chapter,   the   court  shall  sentence  the  defendant  to  life
  imprisonment without parole  in  accordance  with  subdivision  five  of
  section  70.00  of  this  title; provided, however, that nothing in this
  section shall preclude or prevent a sentence of death when the defendant
  is also convicted of murder in the first degree as  defined  in  section
  125.27 of this chapter.

Last modified: July 30, 2006