S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7447--A
                                                         Cal. No. 552
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2017
                                ___________
 
 Introduced  by  M.  of  A.  JOYNER -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Codes --
   reported from committee, advanced to  a  third  reading,  amended  and
   ordered reprinted, retaining its place on the order of third reading

 AN  ACT  to amend the criminal procedure law, in relation to erroneously
   excluded evidence and trial orders of dismissal; and to repeal 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.  Subdivision 1 of section 290.10 of the criminal procedure
 law, as amended by chapter 170 of the laws of 1983, is amended  to  read
 as follows:
   1.  At the conclusion of the people's case or at the conclusion of all
 the  evidence,  the  court may, [except as provided in subdivision two,]
 upon motion of the defendant, (a) issue a "trial  order  of  dismissal,"
 dismissing  any  count  of  an indictment upon the ground that the trial
 evidence is not legally sufficient  to  establish  the  offense  charged
 therein  or  any lesser included offense, or (b) reserve decision on the
 motion until after the verdict has been rendered  and  accepted  by  the
 court.  Where  the  court  has reserved decision and the jury thereafter
 renders a verdict of guilty, the court shall proceed  to  determine  the
 motion  upon  such evidence as it would have been authorized to consider
 upon the motion had the court not reserved decision. If the court deter-
 mines that such motion should have been granted upon the  ground  speci-
 fied in paragraph (a) herein, it shall enter an order both setting aside
 the verdict and dismissing any count of the indictment upon such ground.
 If  the jury is discharged before rendition of a verdict the court shall
 proceed to determine the motion as set forth in this paragraph.
   § 2. Subdivisions 2 and 3 of section 290.10 of the criminal  procedure
 law are REPEALED.

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

                                                            LBD10362-02-7

 A. 7447--A                          2
 
   §  3. 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].
   § 4. Subdivision 2 of section 450.40 of the criminal procedure law  is
 REPEALED.
   § 5. This act shall take effect immediately.