senate Bill S5069

Signed By Governor
2017-2018 Legislative Session

Relates to procedures for taking an appeal from a court that is not designated a court of record

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7446 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 21, 2017 signed chap.195
Aug 09, 2017 delivered to governor
Jun 07, 2017 returned to assembly
passed senate
3rd reading cal.922
substituted for s5069
Jun 07, 2017 substituted by a7446
May 15, 2017 advanced to third reading
May 10, 2017 2nd report cal.
May 09, 2017 1st report cal.922
Mar 06, 2017 referred to codes

S5069 (ACTIVE) - Details

See Assembly Version of this Bill:
A7446
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§460.10 & 460.70, CP L

S5069 (ACTIVE) - Summary

Relates to procedures for taking an appeal from a court that is not designated a court of record.

S5069 (ACTIVE) - Sponsor Memo

S5069 (ACTIVE) - Bill Text download pdf


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

                                  5069

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 6, 2017
                               ___________

Introduced  by Sen. LANZA -- (at request of the Office of Court Adminis-
  tration) -- 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 procedures
  for taking an appeal from a court that is not designated  a  court  of
  record

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 3 of  section  460.10  of  the
criminal  procedure law, as added by chapter 671 of the laws of 1971, is
amended to read as follows:
  (a)  Within thirty days after entry or imposition in such local crimi-
nal court of the judgment, sentence or order being appealed, the  appel-
lant  must  file  with  such  court  either  (i) an affidavit of errors,
setting forth alleged errors or defects in the proceedings which are the
subjects of the appeal, or (ii) a notice of appeal.  Where a  notice  of
appeal  is  filed,  the  appellant  must  serve  a copy thereof upon the
respondent in the manner provided in paragraphs (b) and (c) of  subdivi-
sion one, and, within [thirty] SIXTY days after [the filing thereof] THE
APPELLANT   RECEIVES   A   TRANSCRIPT  OF  THE  ELECTRONICALLY  RECORDED
PROCEEDINGS, must file with such court an affidavit of errors.
  § 2. Subdivision 1 of section 460.70 of the criminal procedure law, as
amended by chapter 83 of the  laws  of  1995,  is  amended  to  read  as
follows:
  1.  Except  as  provided  in subdivision two, the mode of and time for
perfecting an appeal which has been taken to an  intermediate  appellate
court from a judgement, sentence or order of a criminal court are deter-
mined by rules of the appellate division of the department in which such
appellate  court  is located. Among the matters to be determined by such
court rules are the times when  the  appeal  must  be  noticed  for  and
brought  to  argument, the content and form of the records and briefs to

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

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