New York Laws
Article 23 - Fair Treatment Standards for Crime Victims
647 - Criteria.

§ 647. Criteria. Fair treatment standards for crime victims in the
courts shall provide that:

1. The court shall consider the views of the victim of a violent
felony offense, a felony involving physical injury to the victim, a
felony involving property loss or damage in excess of two hundred fifty
dollars, a felony involving attempted or threatened physical injury or
property loss or damage in excess of two hundred fifty dollars or a
felony involving larceny against the person, or of the family of a
homicide victim or minor child, regarding discretionary decisions
relating to the criminal case, including, but not limited to, plea
agreements and sentence. In addition, the court shall consider the views
of the victim or family of the victim, as appropriate, concerning the
release of the defendant in the victim's case pending judicial
proceedings upon an indictment, and concerning the availability of
sentencing alternatives such as community supervision and restitution
from the defendant. The failure of the court to consider the views of
the victim or family of the victim shall not be cause for delaying the
proceedings against the defendant nor shall it affect the validity of a
conviction, judgment or order.

2. The victims and other prosecution witnesses shall, where possible,
be provided, when awaiting court appearances, a secure waiting area that
is separate from all other witnesses.

3. The court shall assist in and expedite the return of property held
for evidentiary purposes unless there is a compelling reason for
retaining it relating to proof at trial.

4. Victim assistance education shall be given to judicial and
nonjudicial personnel of the unified court system so that victims may be
promptly, properly and completely assisted.