Some Republicans have said such "capital defenders" offices are expensive.

He also declined to cooperate with the state- or federally-appointed capital defenders who sought to offer him legal assistance and counsel.

No prosecutor in the state has ever asked a judge to compel the jury to reach unanimity, said Kevin M. Doyle, the state's capital defender.

Likewise Kevin Doyle, New York State's first capital defender, the chief lawyer for poor people on death row.

The Capital Defenders Office, as it is known, was created as part of the death penalty bill passed by the Legislature in March.

But in spite of the newness of some procedures, the Capital Defender and the District Attorney see their roles clearly.

The Capital Defenders Office participated in the defense in these cases as long as there was a possibility of a sentence of execution.

Both the Capital Defender and the District Attorney agree that capital cases differ greatly from other criminal cases.

According to the Capital Defenders Office, of the 424 first-degree murder indictments handed down statewide since 1995, district attorneys filed death penalty notices in 48 cases.

"Vacco prejudged the case," said Kevin M. Doyle, the Capital Defender.