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Assembly Bill A7621

2017-2018 Legislative Session

Permits the court to grant post-conviction motions to vacate a judgment when the issue raised upon such motion is ineffective assistance of counsel

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2017-A7621 (ACTIVE) - Details

See Senate Version of this Bill:
S335
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4667
2011-2012: A10404, S1020
2013-2014: A4725, S42
2015-2016: A2442, A9719, S1345
2019-2020: A1824, S6661
2021-2022: A2653, S1217

2017-A7621 (ACTIVE) - Summary

Permits the court to grant post-conviction motions to vacate a judgment when the issue raised upon such motion is ineffective assistance of counsel in certain cases in which the court would otherwise be required to deny the motion.

2017-A7621 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7621
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2017
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the criminal procedure law, in relation to claims of
   ineffective assistance of counsel in post-conviction motions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraphs (b) and (c) of subdivision 2 of section 440.10
 of the criminal procedure law, paragraph (b) as amended by  chapter  332
 of the laws of 2010, are amended to read as follows:
   (b)  The judgment is, at the time of the motion, appealable or pending
 on appeal, and sufficient facts appear on the record with respect to the
 ground or issue raised upon the motion to permit adequate review thereof
 upon such an appeal UNLESS THE ISSUE RAISED UPON SUCH MOTION IS INEFFEC-
 TIVE ASSISTANCE OF COUNSEL.  This paragraph shall not apply to a  motion
 under paragraph (i) of subdivision one of this section; or
   (c)  Although sufficient facts appear on the record of the proceedings
 underlying  the  judgment to have permitted, upon appeal from such judg-
 ment, adequate review of the ground or issue raised upon the motion,  no
 such appellate review or determination occurred owing to the defendant's
 unjustifiable failure to take or perfect an appeal during the prescribed
 period  or  to  his OR HER unjustifiable failure to raise such ground or
 issue upon an appeal actually perfected by him OR HER UNLESS  THE  ISSUE
 RAISED UPON SUCH MOTION IS INEFFECTIVE ASSISTANCE OF COUNSEL; or
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00095-01-7

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