N.Y. CPL Law § 250.40

§ 250.40 Notice of intent to seek death penalty.\n 1. A sentence of death may not be imposed upon a defendant convicted\nof murder in the first degree unless, pursuant to subdivision two of\nthis section, the people file with the court and serve upon the\ndefendant a notice of intent to seek the death penalty.\n 2. In any prosecution in which the people seek a sentence of death,\nthe people shall, within one hundred twenty days of the defendant's\narraignment upon an indictment charging the defendant with murder in the\nfirst degree, serve upon the defendant and file with the court in which\nthe indictment is pending a written notice of intention to seek the\ndeath penalty. For good cause shown the court may extend the period for\nservice and filing of the notice.\n 3. Notwithstanding any other provisions of law, where the people file\na notice of intent to seek the death penalty pursuant to this section\nthe defendant shall be entitled to an additional sixty days for the\npurpose of filing new motions or supplementing pending motions.\n 4. A notice of intent to seek the death penalty may be withdrawn at\nany time by a written notice of withdrawal filed with the court and\nserved upon the defendant. Once withdrawn the notice of intent to seek\nthe death penalty may not be refiled.\n