N.Y. Crim. Proc. Law § 390.40

§ 390.40 Defendant's or prosecutor's pre-sentence memorandum.\n 1. Either the defendant or prosecutor may, at any time prior to the\npronouncement of sentence, file with the court a written memorandum\nsetting forth any information he may deem pertinent to the question of\nsentence. Such memorandum may include information with respect to any of\nthe matters described in section 390.30. The defendant may annex written\nstatements by others in support of facts alleged in the memorandum.\n 2. The memorandum of the prosecutor shall be served on the defendant's\nattorney at least ten days prior to the date fixed for sentence.\n 3. The act of seeking health care for someone who is experiencing a\ndrug or alcohol overdose or other life threatening medical emergency\nshall be considered by the court when presented as a mitigating factor\nin any criminal prosecution for a controlled substance, marihuana, drug\nparaphernalia, or alcohol related offense.\n