senate Bill S4472

2011-2012 Legislative Session

Relates to providing a statutory basis to vacate a judgment of conviction on the ground of ineffective assistance of appellate counsel

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 31, 2012 referred to judiciary
delivered to assembly
passed senate
Jan 30, 2012 advanced to third reading
Jan 24, 2012 2nd report cal.
Jan 23, 2012 1st report cal.104
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 15, 2011 referred to codes
delivered to assembly
passed senate
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.431
Apr 06, 2011 referred to codes

Votes

view votes

Jan 23, 2012 - Codes committee Vote

S4472
14
1
committee
14
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jan 23, 2012

nay (1)
aye wr (1)

May 3, 2011 - Codes committee Vote

S4472
13
2
committee
13
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

S4472 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Add ยง450.65, CP L

S4472 - Summary

Relates to providing a statutory basis to vacate a judgment of conviction on the ground of ineffective assistance of appellate counsel.

S4472 - Sponsor Memo

S4472 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4472

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin-
  istration)  --  read twice and ordered printed, and when printed to be
  committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to  providing  a
  statutory  basis  to  vacate a judgment of conviction on the ground of
  ineffective assistance of appellate counsel

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  criminal  procedure  law  is amended by adding a new
section 450.65 to read as follows:
S 450.65 MOTION TO INTERMEDIATE APPELLATE COURT; EFFECTIVE ASSISTANCE OF
           APPELLATE COUNSEL.
  1. AT ANY TIME AFTER THE ENTRY OF  AN  ADVERSE  OR  PARTIALLY  ADVERSE
ORDER OF AN INTERMEDIATE APPELLATE COURT ENTERED UPON AN APPEAL TAKEN TO
SUCH INTERMEDIATE APPELLATE COURT PURSUANT TO SECTION 450.10, 450.15, OR
450.20 OF THIS ARTICLE, THE DEFENDANT MAY MOVE TO SET ASIDE THE ORDER ON
THE  GROUND  OF INEFFECTIVE ASSISTANCE OR WRONGFUL DEPRIVATION OF APPEL-
LATE COUNSEL.
  2. A MOTION MADE PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL  BE
MADE  IN  THE SAME INTERMEDIATE APPELLATE COURT THAT HEARD THE APPEAL IN
WHICH COUNSEL WAS ALLEGEDLY DEFICIENT.
  3. A MOTION MADE PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  IS  NOT
AUTHORIZED  AS OF RIGHT WHERE THE GROUND OR ISSUE RAISED UPON THE MOTION
WAS PREVIOUSLY DETERMINED BY THE INTERMEDIATE APPELLATE COURT, PROVIDED,
HOWEVER, THAT THE DEFENDANT MAY APPLY FOR A CERTIFICATE GRANTING PERMIS-
SION TO FILE A SECOND OR SUBSEQUENT MOTION PURSUANT TO  SUBDIVISION  ONE
OF  THIS  SECTION UPON A SHOWING OF GOOD CAUSE, WHICH SHALL INCLUDE, BUT
IS NOT LIMITED TO, ESTABLISHING THAT ANY PREVIOUS MOTION  MADE  PURSUANT
TO  SUBDIVISION  ONE  OF THIS SECTION WAS MADE BY A DEFENDANT ACTING PRO
SE, AND WHERE THE CURRENT APPLICATION IS MADE BY COUNSEL. A  CERTIFICATE
GRANTING PERMISSION TO FILE A SECOND OR SUBSEQUENT MOTION IS AN ORDER OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09804-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.