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CPL 390.40 · Article 390. Pre-sentence Reports

Defendant's or prosecutor's pre-sentence memorandum

Verbatim from the official edition

Text — Law content up to date as of October 2, 2026, as published by the New York State Senate (Open Legislation)

§ 390.40 Defendant's or prosecutor's pre-sentence memorandum.

1. Either the defendant or prosecutor may, at any time prior to the pronouncement of sentence, file with the court a written memorandum setting forth any information he may deem pertinent to the question of sentence. Such memorandum may include information with respect to any of the matters described in section 390.30. The defendant may annex written statements by others in support of facts alleged in the memorandum.

2. The memorandum of the prosecutor shall be served on the defendant's attorney at least ten days prior to the date fixed for sentence.

3. The act of seeking health care for someone who is experiencing a drug or alcohol overdose or other life threatening medical emergency shall be considered by the court when presented as a mitigating factor in any criminal prosecution for a controlled substance, marihuana, drug paraphernalia, or alcohol related offense.

Source of truth

Edition
Law content up to date as of October 2, 2026, as published by the New York State Senate (Open Legislation)
Official file
https://legislation.nysenate.gov/pdf/laws/CPL390.40
Text hash
sha256 5e9298fa2ab4efe3c33f95cd5f6585f8038ddd1d9a6f55f74d146819a0558f6d
Composed by
gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.