New York statute
N.Y. Criminal Procedure Law § 390.40 — Defendant's or prosecutor's pre-sentence memorandum
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 390: Pre-sentence Reports, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 390.40
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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