N.Y. PEN Law § 60.06

§ 60.06 Authorized disposition; murder in the first degree offenders;\n aggravated murder offenders; certain murder in the second\n degree offenders; certain terrorism offenders; criminal\n possession of a chemical weapon or biological weapon\n offenders; criminal use of a chemical weapon or biological\n weapon offenders.\n When a defendant is convicted of murder in the first degree as defined\nin section 125.27 of this chapter, the court shall, in accordance with\nthe provisions of section 400.27 of the criminal procedure law, sentence\nthe defendant to death, to life imprisonment without parole in\naccordance with subdivision five of section 70.00 of this title, or to a\nterm of imprisonment for a class A-I felony other than a sentence of\nlife imprisonment without parole, in accordance with subdivisions one\nthrough three of section 70.00 of this title. When a person is convicted\nof murder in the second degree as defined in subdivision five of section\n125.25 of this chapter or of the crime of aggravated murder as defined\nin subdivision one of section 125.26 of this chapter, the court shall\nsentence the defendant to life imprisonment without parole in accordance\nwith subdivision five of section 70.00 of this title. When a defendant\nis convicted of the crime of terrorism as defined in section 490.25 of\nthis chapter, and the specified offense the defendant committed is a\nclass A-I felony offense, or when a defendant is convicted of the crime\nof criminal possession of a chemical weapon or biological weapon in the\nfirst degree as defined in section 490.45 of this chapter, or when a\ndefendant is convicted of the crime of criminal use of a chemical weapon\nor biological weapon in the first degree as defined in section 490.55 of\nthis chapter, the court shall sentence the defendant to life\nimprisonment without parole in accordance with subdivision five of\nsection 70.00 of this title; provided, however, that nothing in this\nsection shall preclude or prevent a sentence of death when the defendant\nis also convicted of murder in the first degree as defined in section\n125.27 of this chapter. When a defendant is convicted of aggravated\nmurder as defined in subdivision two of section 125.26 of this chapter,\nthe court shall sentence the defendant to life imprisonment without\nparole or to a term of imprisonment for a class A-I felony other than a\nsentence of life imprisonment without parole, in accordance with\nsubdivisions one through three of section 70.00 of this title.\n