§ 707. Payments of expert fees in criminal cases in which the death penalty may be imposed. 1. Notwithstanding any other provision of law to the contrary, upon a finding in an ex parte proceeding that expert services are reasonably necessary for the prosecution of the case whether in connection with issues relating to guilt or sentencing or that investigative services relating to a separate sentencing proceeding or mental retardation hearing pursuant to section 400.27 of the criminal procedure law are reasonably necessary, the trial court shall authorize the payment of fees and expenses for such services. Upon a finding that timely procurement of such services could not practicably await prior authorization, the court may authorize the provision and payment for such services nunc pro tunc.
2. Each appellate division shall establish the rates of fees and expenses to be paid for expert and investigative services pursuant to subdivision one of this section.
3. Any fee or expense to be paid pursuant to this section shall be a state charge payable on vouchers approved by the court which fixed the same after audit by and on the warrant of the comptroller.
4. Whenever a court disapproves, in whole or in part, a request for authorization or voucher, the district attorney may apply to a justice of an intermediate appellate court for an order approving the request or voucher.
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