N.Y. CNT Law § 707

§ 707. Payments of expert fees in criminal cases in which the death\npenalty may be imposed. 1. Notwithstanding any other provision of law to\nthe contrary, upon a finding in an ex parte proceeding that expert\nservices are reasonably necessary for the prosecution of the case\nwhether in connection with issues relating to guilt or sentencing or\nthat investigative services relating to a separate sentencing proceeding\nor mental retardation hearing pursuant to section 400.27 of the criminal\nprocedure law are reasonably necessary, the trial court shall authorize\nthe payment of fees and expenses for such services. Upon a finding that\ntimely procurement of such services could not practicably await prior\nauthorization, the court may authorize the provision and payment for\nsuch services nunc pro tunc.\n 2. Each appellate division shall establish the rates of fees and\nexpenses to be paid for expert and investigative services pursuant to\nsubdivision one of this section.\n 3. Any fee or expense to be paid pursuant to this section shall be a\nstate charge payable on vouchers approved by the court which fixed the\nsame after audit by and on the warrant of the comptroller.\n 4. Whenever a court disapproves, in whole or in part, a request for\nauthorization or voucher, the district attorney may apply to a justice\nof an intermediate appellate court for an order approving the request or\nvoucher.\n