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Assembly Bill A3524

2025-2026 Legislative Session

Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing

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Current Bill Status - In Senate Committee Codes Committee

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2025-A3524 (ACTIVE) - Details

See Senate Version of this Bill:
S4764
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S6858
2023-2024: A10363, S2411

2025-A3524 (ACTIVE) - Summary

Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing notwithstanding a defendant signed an otherwise valid waiver of appeal.

2025-A3524 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3524
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2025
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  preserving
   the  ability  to  appeal  a violation of a defendant's right to make a
   statement personally at sentencing

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 380.50 of the criminal procedure
 law, as amended by chapter 307 of the laws of 1992, is amended  to  read
 as follows:
   1.  At  the  time  of  pronouncing sentence, the court must accord the
 prosecutor an opportunity to make a statement with respect to any matter
 relevant to the question of sentence. The court must then accord counsel
 for the defendant an opportunity to speak on behalf  of  the  defendant.
 The  defendant also has the right to make a statement personally in [his
 or her] THE DEFENDANT'S own behalf, and before pronouncing sentence  the
 court must ask the defendant whether [he or she] THE DEFENDANT wishes to
 make  such  a  statement.  A DEFENDANT MAY CHALLENGE ON APPEAL, NOTWITH-
 STANDING AN OTHERWISE VALID WAIVER OF APPEAL, A VIOLATION OF THE DEFEND-
 ANT'S RIGHTS UNDER THIS SUBDIVISION.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07247-01-5

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