§ 35-b. Assignment of counsel and related services in criminal actions\nin which a death sentence may be imposed. 1. Notwithstanding any other\nprovision of law to the contrary, in every criminal action in which a\ndefendant is charged with murder in the first degree as defined in\nsection 125.27 of the penal law, or in any criminal action in which a\ndefendant is charged with murder in the second degree as defined in\nsection 125.25 of the penal law and the district attorney confirms upon\ninquiry by the court that the district attorney is undertaking an\ninvestigation to determine whether the defendant can or should be\ncharged with murder in the first degree as defined in section 125.27 of\nthe penal law and the court determines that there is a reasonable\nlikelihood the defendant will be so charged, if the defendant is or\nbecomes financially unable to obtain adequate representation or\ninvestigative, expert or other reasonably necessary services at any time\neither (a) prior to judgment, or (b) after the entry of a judgment\nimposing a sentence of death but before final resolution of a direct\nappeal pursuant to subdivision one of section 450.70 of the criminal\nprocedure law and of an appeal pursuant to subdivision two or three of\nsection 450.70 of the criminal procedure law from an order denying an\ninitial post judgment motion pursuant to section 440.10 or 440.20 of the\ncriminal procedure law, the defendant shall be entitled to the\nappointment of counsel and investigative, expert and such other\nreasonably necessary services in accordance with the provisions of this\nsection. Prior to the appointment of counsel pursuant to this section,\nthe court shall determine whether the defendant is or has become\nfinancially unable to obtain adequate representation. In the event such\ndefendant seeks to file any subsequent motion, he or she shall not be\neligible for the appointment of counsel pursuant to this section.\n 2. The appointment of counsel shall be made by the trial court if made\nprior to the entry of a judgment including a sentence of death or by the\ncourt of appeals, except as otherwise provided in this subdivision, if\nmade after the entry of a judgment including a sentence of death. With\nrespect to counsel at trial and at a separate sentencing proceeding, the\ncourt shall appoint two attorneys, one to be designated "lead" counsel\nand the other to be designated "associate" counsel. The appointment of\nany such counsel shall be made from a list of four proposed teams of\nqualified lead and associate counsel provided to the appropriate court\nby the capital defender office. Alternatively, the court may, with the\nconsent of the capital defender office, appoint the office to represent\nthe defendant. At least one of the proposed teams of qualified lead and\nassociate counsel on any list submitted pursuant to this subdivision\nshall regularly practice within the judicial department in which the\ndefendant has been charged. With respect to a jurisdiction in which the\ncapital defender office has entered into an agreement to provide\nrepresentation with a legal aid society, office of public defender or\nother not-for-profit organization providing criminal defense services,\nthe capital defender office may designate the society, public defender\nor organization for appointment as counsel pursuant to this section and\nneed not submit a list of four proposed teams of qualified lead and\nassociate counsel for appointment. In the event that counsel is not\nappointed pursuant to the foregoing provisions of this subdivision, the\ncourt may appoint any attorney whose name appears on a roster\nestablished pursuant to subdivision five of this section for appointment\nas lead or associate counsel. In the event no such attorney is\navailable, the court may appoint an attorney eligible for appointment\npursuant to article eighteen-B of the county law who is competent to\nrepresent defendants charged with murder and other
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