Opinion 15-230

February 16, 2016

Dear : 

         This responds to your inquiry (15-230) asking if you may require defendants seeking re-sentencing under CPL 420.10 to complete a form requesting the same information you would otherwise request orally in court.

         Whether the proposed form is proper is a question of law, not judicial ethics. Therefore, the Committee must decline to respond (see Judiciary Law §212[2][l]). However, the Committee notes that the Rules Governing Judicial Conduct do not prohibit a judge from asking a defendant legally permissible questions. 

         Enclosed, for your convenience, are Opinions 10-196 and 10-114 which address this issue.

                                       Very truly yours,

                                       George D. Marlow, Assoc. Justice

                                       Appellate Division, First Dep’t (Ret.)

                                       Committee Chair

Encls.