§ 400.27 Procedure for determining sentence upon conviction for the\n offense of murder in the first degree.\n 1. Upon the conviction of a defendant for the offense of murder in the\nfirst degree as defined by section 125.27 of the penal law, the court\nshall promptly conduct a separate sentencing proceeding to determine\nwhether the defendant shall be sentenced to death or to life\nimprisonment without parole pursuant to subdivision five of section\n70.00 of the penal law. Nothing in this section shall be deemed to\npreclude the people at any time from determining that the death penalty\nshall not be sought in a particular case, in which case the separate\nsentencing proceeding shall not be conducted and the court may sentence\nsuch defendant to life imprisonment without parole or to a sentence of\nimprisonment for the class A-I felony of murder in the first degree\nother than a sentence of life imprisonment without parole.\n 2. The separate sentencing proceeding provided for by this section\nshall be conducted before the court sitting with the jury that found the\ndefendant guilty. The court may discharge the jury and impanel another\njury only in extraordinary circumstances and upon a showing of good\ncause, which may include, but is not limited to, a finding of prejudice\nto either party. If a new jury is impaneled, it shall be formed in\naccordance with the procedures in article two hundred seventy of this\nchapter. Before proceeding with the jury that found the defendant\nguilty, the court shall determine whether any juror has a state of mind\nthat is likely to preclude the juror from rendering an impartial\ndecision based upon the evidence adduced during the proceeding. In\nmaking such determination the court shall personally examine each juror\nindividually outside the presence of the other jurors. The scope of the\nexamination shall be within the discretion of the court and may include\nquestions supplied by the parties as the court deems proper. The\nproceedings provided for in this subdivision shall be conducted on the\nrecord; provided, however, that upon motion of either party, and for\ngood cause shown, the court may direct that all or a portion of the\nrecord of such proceedings be sealed. In the event the court determines\nthat a juror has such a state of mind, the court shall discharge the\njuror and replace the juror with the alternate juror whose name was\nfirst drawn and called. If no alternate juror is available, the court\nmust discharge the jury and impanel another jury in accordance with\narticle two hundred seventy of this chapter.\n 3. For the purposes of a proceeding under this section each\nsubparagraph of paragraph (a) of subdivision one of section 125.27 of\nthe penal law shall be deemed to define an aggravating factor. Except as\nprovided in subdivision seven of this section, at a sentencing\nproceeding pursuant to this section the only aggravating factors that\nthe jury may consider are those proven beyond a reasonable doubt at\ntrial, and no other aggravating factors may be considered. Whether a\nsentencing proceeding is conducted before the jury that found the\ndefendant guilty or before another jury, the aggravating factor or\nfactors proved at trial shall be deemed established beyond a reasonable\ndoubt at the separate sentencing proceeding and shall not be\nrelitigated. Where the jury is to determine sentences for concurrent\ncounts of murder in the first degree, the aggravating factor included in\neach count shall be deemed to be an aggravating factor for the purpose\nof the jury's consideration in determining the sentence to be imposed on\neach such count.\n 4. The court on its own motion or on motion of either party, in the\ninterest of justice or to avoid prejudice to either party, may delay the\ncommencement of the separate sentencing proceeding.\n 5. Notwithstanding the provisions of article three hundred ninety of\nthis chapter, where a defendant is found guilty of m
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