Senate Bill S335

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

Sponsored By

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

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2017-S335 (ACTIVE) - Details

See Assembly Version of this Bill:
A7621
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: S1020, A10404
2013-2014: S42, A4725
2015-2016: S1345, A2442, A9719
2019-2020: S6661, A1824
2021-2022: S1217, A2653

2017-S335 (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-S335 (ACTIVE) - Sponsor Memo

2017-S335 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    335
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- 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  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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