§ 380.50 Statements at time of sentence.\n 1. At the time of pronouncing sentence, the court must accord the\nprosecutor an opportunity to make a statement with respect to any matter\nrelevant to the question of sentence. The court must then accord counsel\nfor the defendant an opportunity to speak on behalf of the defendant.\nThe defendant also has the right to make a statement personally in his\nor her own behalf, and before pronouncing sentence the court must ask\nthe defendant whether he or she wishes to make such a statement.\n 2. (a) For purposes of this section "victim" shall mean:\n (1) the victim as indicated in the accusatory instrument; or\n (2) if such victim is unable or unwilling to express himself or\nherself before the court or a person so mentally or physically disabled\nas to make it impracticable to appear in court in person or the victim\nis deceased, a member of the family of such victim, or the legal\nguardian or representative of the legal guardian of the victim where\nsuch guardian or representative has personal knowledge of and a\nrelationship with the victim, unless the court finds that it would be\ninappropriate for such person to make a statement on behalf of the\nvictim.\n (b) If the defendant is being sentenced for a felony the court, if\nrequested at least ten days prior to the sentencing date, shall accord\nthe victim the right to make a statement with regard to any matter\nrelevant to the question of sentence. The court shall notify the\ndefendant no less than seven days prior to sentencing of the victim's\nintent to make a statement at sentencing. If the defendant does not\nreceive timely notice pursuant to this subdivision, the defendant may\nrequest a reasonable adjournment.\n (c) Any statement by the victim must precede any statement by counsel\nto the defendant or the defendant made pursuant to subdivision one of\nthis section. The defendant shall have the right to rebut any statement\nmade by the victim.\n (d) Where the people and the defendant have agreed to a disposition\nwhich includes a sentence acceptable to the court, and the court intends\nto impose such sentence, any rebuttal by the defendant shall be limited\nto an oral presentation made at the time of sentencing.\n (e) Where (1) the defendant has been found guilty after trial or there\nis no agreement between the people and the defendant as to a proposed\nsentence or the court, after the statement by the victim, chooses not to\nimpose the proposed sentence agreed to by the parties; (2) the statement\nby the victim includes allegations about the crime that were not fully\nexplored during the proceedings or that materially vary from or\ncontradict the evidence at trial; and (3) the court determines that the\nallegations are relevant to the issue of sentencing, then the court\nshall afford the defendant the following rights:\n (A) a reasonable adjournment of the sentencing to allow the defendant\nto present information to rebut the allegations by the victim; and\n (B) allow the defendant to present written questions to the court that\nthe defendant desires the court to put to the victim. The court may, in\nits discretion, decline to put any or all of the questions to the\nvictim. Where the court declines to put any or all of the questions to\nthe victim it shall state its reasons therefor on the record.\n (f) If the victim does not appear to make a statement at the time of\nsentencing, the right to make a statement is waived. The failure of the\nvictim to make a statement shall not be cause for delaying the\nproceedings against the defendant nor shall it affect the validity of a\nconviction, judgment or order.\n * (g) Following the acquittal after trial or the sentencing of any\ndefendant for a felony, the district attorney, or their designee, shall\nprovide a written summary of the disposition of such felony to any\nvictim who was not present at the time such defendant was sentenced or\nacquitted after trial. Such writ
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