§ 650. Warrant for execution of death sentence.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§ 650. Warrant for execution of death sentence. 1. When a person is

sentenced to the punishment of death, the justice or judge who presided

at the sentencing proceeding, or if that justice or judge is unavailable

for any reason, then any justice of the supreme court of the department

in which the defendant was sentenced, must, within seven days, make out,

sign and deliver to the sheriff of the county, a warrant directed to the

commissioner or to the superintendent of an institution in the

department designated by the commissioner. Such warrant shall state the

conviction and sentence, appoint a week on which the sentence shall be

executed, and command the commissioner to execute the sentence within

that week. In counties within the city of New York, or in the county of

Westchester, such warrant shall be made out as aforesaid, signed and

delivered to the commissioner of correction of such city or county.

2. If the execution of the sentence shall be delayed while the

conviction or sentence is being appealed, a justice or judge authorized

to act pursuant to subdivision one of this section, at the conclusion of

the state appellate process, if the conviction or sentence is not set

aside, must, within seven days, make out, sign and deliver another

warrant as provided in subdivision one of this section. If the execution

of the sentence on the date appointed is delayed by any other cause, the

justice or judge shall, as soon as such cause ceases to exist, make out,

sign and deliver another warrant.