New York Laws
Article 5 - Department of Law
63-D - Attorney-General; Death Penalty Prosecutions.

(i) the defendant is represented by counsel appointed pursuant to the
provisions of section thirty-five-b of the judiciary law or the
defendant is receiving expert, investigative or other services pursuant
to such section, or
(ii) the defendant, through counsel retained privately by the
defendant through his or her own means or through the means of a person
other than the defendant, or through representation by pro bono counsel,
is able to marshal substantially greater legal and investigatory
resources than those reasonably available to the district attorney.
2. A request of the governor made by a district attorney for
assistance in a death penalty case shall be accompanied by a certificate
of need stating that as a result of cases where the defendant may be
subject to the penalty of death additional resources or personnel are
needed to supplement the district attorney's staff and available
resources in order to fulfill such district attorney's responsibilities.