Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2016 |
referred to codes |
May 06, 2015 |
referred to codes |
Senate Bill S5166
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2015-S5166 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§460.10 & 460.70, CP L
2015-S5166 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5166 TITLE OF BILL: An act to amend the criminal procedure law, in relation to perfecting appeals from local criminal courts based on mechanical or electronic recordings This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Local Courts Advisory Committee. This measure would amend Criminal Procedure Law sections 460.10 and 460.70 to allow appeals from local criminal courts to intermediate appellate courts to be perfected based on a mechanical or electronic recording of the proceedings below. Under current law, where proceedings in a local criminal court are transcribed by a court stenographer, appeals to an intermediate appellate court (i.e. a County Court or an Appellate Term of Supreme Court) are perfected by filing a notice of appeal and then settling the transcript of the proceedings below. See CPL 460.10, 460.70(1). Where local criminal court trial proceedings below are not transcribed by a court stenographer, however, appeals to the County Court or an Appellate Term of Supreme Court are perfected by filing an affidavit of errors setting forth alleged errors or defects in the trial proceeding. See CPL 460.10(3)(a).
2015-S5166 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5166 2015-2016 Regular Sessions I N S E N A T E May 6, 2015 ___________ 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 perfecting appeals from local criminal courts based on mechanical or electronic recordings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 and the opening paragraph of subdivision 3 of section 460.10 of the criminal procedure law, as amended by chapter 671 of the laws of 1971, are amended to read as follows: 2. An appeal taken as of right to a county court or to an appellate term of the supreme court from a judgment, sentence or order of a local criminal court in a case in which the underlying proceedings were recorded by a court stenographer OR BY MECHANICAL OR ELECTRONIC MEANS is taken in the manner provided in subdivision one; except that where no clerk is employed by such local criminal court the appellant must file the notice of appeal with the judge of such court, and must further file a copy thereof with the clerk of the appellate court to which the appeal is being taken. An appeal taken as of right to a county court or to an appellate term of the supreme court from a judgment, sentence or order of a local crim- inal court in a case in which the underlying proceedings were not recorded by a court stenographer OR BY MECHANICAL OR ELECTRONIC MEANS is taken as follows: S 2. The second undesignated paragraph of subdivision 1 of section 460.70 of the criminal procedure law, as amended by chapter 83 of the laws of 1995, is amended to read as follows: When an appeal is taken by a defendant pursuant to section 450.10 OR SUBDIVISION TWO OF SECTION 460.10, a transcript shall be prepared and settled and shall be filed with the criminal court by the court repor- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09999-01-5
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