§ 211-a. Required reports in capital cases. The court of appeals shall
  promulgate  rules  to  ensure  that  in every criminal action in which a
  defendant is indicted for  the  commission  of  an  offense  defined  in
  section  125.27  of  the  penal  law, the clerk of the trial court shall
  prepare a data report  as  provided  by  this  section  not  later  than
  forty-five  days  following  the  disposition  of  the case by the trial
  court; provided, however, that if the indictment is dismissed,  no  such
  data  report  shall  be  required.   The data reports shall be in a form
  determined by the court of appeals.  Data reports shall be  prepared  by
  the  clerk  of  the  trial  court  by  reviewing  the  record  and  upon
  consultation with the prosecutor and the attorney for the defendant  and
  after  completion  shall  be  forwarded  to  the  clerk  of the court of
  appeals.  The form and the content of the  report  shall  be  consistent
  with  the  purpose  of  assisting  the  court  of appeals in determining
  pursuant to section 470.30 of the  criminal  procedure  law,  whether  a
  particular  sentence  of  death  is disproportionate or excessive in the
  context of penalties imposed in  similar  cases,  considering  both  the
  crime  or  crimes  and the defendant. Data reports developed pursuant to
  this section shall be compiled into a single uniform capital  case  data
  report,  which shall be available for use by appellants in capital cases
  in accordance with disclosure rules promulgated by the court of appeals.