Assembly Bill A2616

2017-2018 Legislative Session

Relates to appellate processes for misdemeanor cases where a term of imprisonment is imposed

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Archive: Last Bill Status - In Assembly 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

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2017-A2616 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §450.60, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6873
2015-2016: A738
2019-2020: A345
2021-2022: A271
2023-2024: A4280

2017-A2616 (ACTIVE) - Summary

Relates to appellate processes for misdemeanor cases where a term of imprisonment is imposed; provides that if appeal is taken from a sentence of imprisonment, the appeal must be taken to the appellate division of the department in which such judgment, sentence or order was entered.

2017-A2616 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2616
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  appellate
   processes  for  misdemeanor  cases  where  a  term  of imprisonment is
   imposed
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 3 of section 450.60 of the criminal procedure
 law is amended to read as follows:
   3.  An appeal from a judgment, sentence or order of a  local  criminal
 court  located  outside  of  New  York  City  must,  except as otherwise
 provided in this subdivision, be taken to the county court of the county
 in which such judgment, sentence or order was entered.  PROVIDED, HOWEV-
 ER, THAT, IN THE EVENT SUCH APPEAL IS TAKEN FROM A SENTENCE OF IMPRISON-
 MENT, SUCH APPEAL MUST BE TAKEN TO THE APPELLATE DIVISION OF THE DEPART-
 MENT IN WHICH SUCH JUDGMENT, SENTENCE OR ORDER WAS ENTERED.
   [If the appellate division of the second, third or  fourth  department
 has  established  an appellate term of the supreme court for its depart-
 ment, it may direct that appeals  from  such  judgments,  sentences  and
 orders  of  such local criminal courts, or of particular classifications
 of such local criminal courts, be taken to such appellate  term  of  the
 supreme  court  instead of to the county court; and in such case such an
 appeal must be so taken.]
   § 2.  This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07658-01-7

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