New York Consolidated Laws

N.Y. Penal Law § 60.06 (2026)

Authorized disposition; murder in the first degree offenders; aggravated murder offenders; certain murder in the second degree offenders;...

✓ current as of May 2026

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§ 60.06 Authorized disposition; murder in the first degree offenders;
          aggravated murder offenders; certain murder in the second
          degree offenders; certain terrorism offenders; criminal
          possession of a chemical weapon or biological weapon
          offenders; criminal use of a chemical weapon or biological
          weapon offenders.
  When a defendant is convicted of murder in the first degree as defined
in section 125.27 of this chapter, the court shall, in accordance with
the provisions of section 400.27 of the criminal procedure law, sentence
the defendant to death, to life imprisonment without parole in
accordance with subdivision five of section 70.00 of this title, or to a
term of imprisonment for a class A-I felony other than a sentence of
life imprisonment without parole, in accordance with subdivisions one
through three of section 70.00 of this title. When a person is convicted
of murder in the second degree as defined in subdivision five of section
125.25 of this chapter or of the crime of aggravated murder as defined
in subdivision one of section 125.26 of this chapter, the court shall
sentence the defendant to life imprisonment without parole in accordance
with subdivision five of section 70.00 of this title. When a defendant
is convicted of the crime of terrorism as defined in section 490.25 of
this chapter, and the specified offense the defendant committed is a
class A-I felony offense, or when a defendant is convicted of the crime
of criminal possession of a chemical weapon or biological weapon in the
first degree as defined in section 490.45 of this chapter, or when a
defendant is convicted of the crime of criminal use of a chemical weapon
or biological weapon in the first degree as defined in section 490.55 of
this chapter, the court shall sentence the defendant to life
imprisonment without parole in accordance with subdivision five of
section 70.00 of this title; provided, however, that nothing in this
section shall preclude or prevent a sentence of death when the defendant
is also convicted of murder in the first degree as defined in section
125.27 of this chapter. When a defendant is convicted of aggravated
murder as defined in subdivision two of section 125.26 of this chapter,
the court shall sentence the defendant to life imprisonment without
parole or to a term of imprisonment for a class A-I felony other than a
sentence of life imprisonment without parole, in accordance with
subdivisions one through three of section 70.00 of this title.

Notes of Decisions

Cited in 26 cases (1 in the last 5 years), 1976–2024 · leading case: People v. Mateo, 811 N.E.2d 1053 (NY 2004).

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People v. Mateo, 811 N.E.2d 1053 (NY 2004). · cites it 2× “30 (5) (c) and Penal Law §§ 60.06 and 70.00 (5) and, as so modified, affirmed; the appeal from County Court's order dated March 11, 1999 should be dismissed.”

People v. Taylor, 878 N.E.2d 969 (NY 2007). · cites it 4× “30 (5) (c) and Penal Law §§ 60.06 and 70.00 and, as so modified, affirmed.”

Gregg v. Georgia, 428 U.S. 153 (1976). · cites it 2× “1975); N. Y. Penal Law § 60.06 (1975); N. C. Gen.”

People v. LaValle, 817 N.E.2d 341 (NY 2004). · cites it 2× “30 (5) (c) and Penal Law §§ 60.06 and 70.00 and, as so modified, affirmed.”

Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “280 (1976), thus invalidating remainder of New York's death penalty statute; death penalty still on books, N. Y. Penal Law § 60.06 (McKinney 1987), providing for death penalty for first-degree murder); North Dakota (N.”

People v. Harris, 779 N.E.2d 705 (NY 2002). · cites it 2× “Accordingly, the trial court could not constitutionally impose the sentence of death on this defendant. The appropriate remedy is to vacate his death sentence and to remit his case to Supreme Court pursuant to CPL 470.”

People v. Rosas, 868 N.E.2d 199 (NY 2007). · cites it 2× “Such crimes potentially warrant an amplified sentence of life imprisonment without parole ( see Penal Law §§ 60.06, 70.00), *500 and the People sought and received such a sentence.”

People v. Mower, 765 N.E.2d 839 (NY 2002). “27 [1]), which is specifically authorized to impose a sentence of life imprisonment without the possibility of parole (see Penal Law §§ 60.06, 70.00 [5]). Like Penal Law §§ 60.”

People v. Shulman, 843 N.E.2d 125 (NY 2005). “Accordingly, the judgment of County Court should be modified by vacating the sentence of death imposed upon conviction of murder in the first degree, and remitting to County Court for resentencing in accordance with CPL 470.”

Matter of Johnson v. Pataki, 691 N.E.2d 1002 (NY 1997). · cites it 2× “The law provided that a court may impose a sentence of life imprisonment without parole, or a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole, or death ( see , Penal Law § 60.06). However, before the court may sentence a…”

People v. Parker, 304 A.D.2d 146 (N.Y. App. Div. 2003). “The Court in Harris thus applied Hynes by vacating the sentence of death and remitting the matter to Supreme Court for the imposition of a sentence of life imprisonment without parole pursuant to Penal Law §§ 60.06 and 70.00 (5). The Court did not allow for the sentencing option…”

Holland v. Donnelly, 216 F. Supp. 2d 227 (S.D.N.Y. 2002). · cites it 2× “If the prosecutor seeks the death penalty, elaborate procedures are provided for determining whether capital punishment will be imposed. N.”

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