senate Bill S42

2013-2014 Legislative Session

Permits the court to grant post-conviction motions to vacate a judgment when the issue raised upon such motion is ineffective assistance of counsel

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Sponsored By

Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S42 - Details

See Assembly Version of this Bill:
A2442
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1020, A1135
2009-2010: S4667, A5170

S42 - Summary

Permits the court to grant post-conviction motions to vacate a judgment when the issue raised upon such motion is ineffective assistance of counsel in certain cases in which the court would otherwise be required to deny the motion.

S42 - Sponsor Memo

S42 - Bill Text download pdf

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

                                   42

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- 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  claims  of
  ineffective assistance of counsel in post-conviction motions

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

  Section 1. Paragraphs (b) and (c) of subdivision 2 of  section  440.10
of  the  criminal procedure law, paragraph (b) as amended by chapter 332
of the laws of 2010, are amended to read as follows:
  (b) The judgment is, at the time of the motion, appealable or  pending
on appeal, and sufficient facts appear on the record with respect to the
ground or issue raised upon the motion to permit adequate review thereof
upon such an appeal UNLESS THE ISSUE RAISED UPON SUCH MOTION IS INEFFEC-
TIVE  ASSISTANCE OF COUNSEL.  This paragraph shall not apply to a motion
under paragraph (i) of subdivision one of this section; or
  (c)  Although sufficient facts appear on the record of the proceedings
underlying the judgment to have permitted, upon appeal from  such  judg-
ment,  adequate review of the ground or issue raised upon the motion, no
such appellate review or determination occurred owing to the defendant's
unjustifiable failure to take or perfect an appeal during the prescribed
period or to his OR HER unjustifiable failure to raise  such  ground  or
issue  upon  an appeal actually perfected by him OR HER UNLESS THE ISSUE
RAISED UPON SUCH MOTION IS INEFFECTIVE ASSISTANCE OF COUNSEL; or
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00347-01-3

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