§ 707. Payments of expert fees in criminal cases in which the death penalty may be imposed.

228 words·~1 min read·/ny/county/district-attorney/707

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§ 707. Payments of expert fees in criminal cases in which the death

penalty may be imposed. 1. Notwithstanding any other provision of law to

the contrary, upon a finding in an ex parte proceeding that expert

services are reasonably necessary for the prosecution of the case

whether in connection with issues relating to guilt or sentencing or

that investigative services relating to a separate sentencing proceeding

or mental retardation hearing pursuant to section 400.27 of the criminal

procedure law are reasonably necessary, the trial court shall authorize

the payment of fees and expenses for such services. Upon a finding that

timely procurement of such services could not practicably await prior

authorization, the court may authorize the provision and payment for

such services nunc pro tunc.

2. Each appellate division shall establish the rates of fees and

expenses to be paid for expert and investigative services pursuant to

subdivision one of this section.

3. Any fee or expense to be paid pursuant to this section shall be a

state charge payable on vouchers approved by the court which fixed the

same after audit by and on the warrant of the comptroller.

4. Whenever a court disapproves, in whole or in part, a request for

authorization or voucher, the district attorney may apply to a justice

of an intermediate appellate court for an order approving the request or

voucher.