Do you support this bill?

Assembly Bill A9521

2015-2016 Legislative Session

Relates to erroneously excluded evidence and trial orders of dismissal, and repealing provisions thereof

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

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.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

co-Sponsors

2015-A9521 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld §290.10 subs 2 & 3, §450.40 sub 2, amd §450.40, CP L
Versions Introduced in 2017-2018 Legislative Session:
A7447

2015-A9521 (ACTIVE) - Summary

Relates to erroneously excluded evidence and trial orders of dismissal.

2015-A9521 (ACTIVE) - Bill Text download pdf 

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

                                  9521

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by  M.  of A. JOYNER, LENTOL -- (at request of the Office of
  Court Administration) -- read once and referred to  the  Committee  on
  Codes

AN  ACT  to amend the criminal procedure law, in relation to erroneously
  excluded evidence and trial orders of dismissal, and repealing certain
  provisions of such law relating thereto

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

  Section  1.  Subdivisions  2  and  3 of section 290.10 of the criminal
procedure law are REPEALED.
  S 2. Subdivision 1 of section 450.40 of the criminal procedure law  is
amended to read as follows:
  1.    An  appeal  by  the  people  from a trial order of dismissal, as
authorized by subdivision two of section 450.20, may,  as  indicated  by
section  290.10, be based [either (a)] upon the ground that the evidence
adduced at the trial was legally sufficient  to  support  the  count  or
counts of the accusatory instrument dismissed by the order[, or (b) upon
the ground that, though not legally sufficient, such evidence would have
been  legally sufficient had the court not erroneously excluded admissi-
ble evidence offered by the people].
  S 3. Subdivision 2 of section 450.40 of the criminal procedure law  is
REPEALED.
  S 4. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13999-01-6

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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