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Assembly Bill A5018

2011-2012 Legislative Session

Authorizes an application for permission to appeal to the court of appeals from an order concerning a change of venue

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2011-A5018 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง230.20 & 450.90, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1469
2013-2014: A2661
2015-2016: A3909

2011-A5018 (ACTIVE) - Summary

Authorizes an application for permission to appeal to the court of appeals from an order of the appellate division concerning a change of venue; requires the chief administrator of the courts, with the advice and consent of the administrative board of the courts, to adopt rules for the expeditious briefing, hearing and determination of such appeals.

2011-A5018 (ACTIVE) - Bill Text download pdf 

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

                                  5018

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Codes

AN  ACT  to amend the criminal procedure law, in relation to authorizing
  an application for permission to appeal to the court of  appeals  from
  an order of the appellate division concerning a change of venue

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

  Section 1. Section 230.20 of the criminal procedure law is amended  by
adding a new subdivision 5 to read as follows:
  5.  ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE DIVISION CONCERN-
ING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION  MAY  SEEK
LEAVE  TO  APPEAL  FROM  SUCH ORDER TO THE COURT OF APPEALS, PURSUANT TO
SUBDIVISION THREE OF SECTION 450.90 OF THIS CHAPTER.
  S 2. Section 450.90 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
  3. PROVIDED THAT A CERTIFICATE GRANTING  LEAVE  TO  APPEAL  IS  ISSUED
PURSUANT  TO  SECTION  460.20 OF THIS CHAPTER, AN APPEAL MAY BE TAKEN TO
THE COURT OF APPEALS BY ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE
DIVISION CONCERNING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF SECTION
230.20 OF THIS CHAPTER. UPON THE REQUEST OF EITHER  PARTY,  THE  HEARING
AND  DETERMINATION  OF  AN  APPEAL  GRANTED PURSUANT TO THIS SUBDIVISION
SHALL BE CONDUCTED IN AN EXPEDITIOUS MANNER. THE CHIEF ADMINISTRATOR  OF
THE  COURTS,  WITH THE ADVICE AND CONSENT OF THE ADMINISTRATIVE BOARD OF
THE COURTS, SHALL ADOPT RULES FOR THE EXPEDITIOUS BRIEFING, HEARING  AND
DETERMINATION OF SUCH APPEALS.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03610-01-1

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