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Assembly Bill A3909

2015-2016 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 Assembly Committee

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2015-A3909 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง230.20 & 450.90, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1469
2011-2012: A5018
2013-2014: A2661

2015-A3909 (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.

2015-A3909 (ACTIVE) - Bill Text download pdf 

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

                                  3909

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced  by M. of A. WRIGHT -- Multi-Sponsored by -- M. of A. FARRELL
  -- 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.
                                                           LBD05321-01-5

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