Assembly Bill A9666

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9666
 
                           I N  A S S E M B L Y
 
                             February 4, 2020
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the criminal procedure law, in relation to establishing
   provisions for appeals by a non-party  to  an  intermediate  appellate
   court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 450.25 to read as follows:
 § 450.25 APPEAL  BY  NON-PARTY  TO INTERMEDIATE APPELLATE COURT; IN WHAT
            CASES AUTHORIZED.
   AN APPEAL DIRECTLY TO THE INTERMEDIATE APPELLATE COURT MAY BE TAKEN AS
 OF RIGHT BY A NON-PARTY FROM THE FOLLOWING ORDERS OF A CRIMINAL COURT:
   1. AN ORDER OF A CRIMINAL COURT DENYING A NON-PARTY'S MOTION TO  QUASH
 A  SUBPOENA DUCES TECUM ON THE GROUNDS THAT THE MOVANT IS PROTECTED FROM
 COMPELLED PRODUCTION BY CLAIM OF PRIVILEGE, IMMUNITY FROM DISCLOSURE, OR
 ANY OTHER CONSTITUTIONAL, COMMON LAW, OR STATUTORY PRIVILEGE,  INCLUDING
 THOSE  SET  FORTH UNDER ARTICLE FORTY-FIVE OR SUBDIVISION (C) OF SECTION
 THIRTY-ONE HUNDRED ONE OF THE CIVIL PRACTICE LAW AND RULES  AND  SECTION
 SEVENTY-NINE-H OF THE CIVIL RIGHTS LAW.
   2.  AN  ORDER DENYING A MOTION TO QUASH A SUBPOENA AD TESTIFICANDUM ON
 THE GROUNDS THAT THE MOVANT IS PROTECTED  FROM  COMPELLED  TESTIMONY  BY
 CLAIM  OF  PRIVILEGE,  IMMUNITY  FROM DISCLOSURE, OR ANY OTHER CONSTITU-
 TIONAL, COMMON LAW, OR STATUTORY PRIVILEGE, INCLUDING  THOSE  SET  FORTH
 UNDER  ARTICLE  FORTY-FIVE  OR  SUBDIVISION  (C)  OF  SECTION THIRTY-ONE
 HUNDRED ONE OF THE CIVIL PRACTICE LAW AND  RULES  AND  SECTION  SEVENTY-
 NINE-H OF THE CIVIL RIGHTS LAW.
   3.  AN APPEAL TAKEN PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION
 SHALL BE EXPEDITIOUSLY FILED, HEARD AND DETERMINED  IN  ACCORDANCE  WITH
 THE  RULES  OF  THE  APPELLATE  DIVISION OF THE DEPARTMENT IN WHICH SUCH
 INTERMEDIATE APPELLATE COURT IS LOCATED. SUCH APPEAL MAY BE  TAKEN  ONLY
 UPON  REASONABLE  NOTICE  TO THE PARTIES TO THE ACTION OR PROCEEDING WHO
 SHALL HAVE AN OPPORTUNITY TO BE HEARD THEREON.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14478-01-9

 A. 9666                             2
 
   4. THE APPELLATE DIVISION OF  EACH  JUDICIAL  DEPARTMENT  SHALL  ADOPT
 RULES  FOR  PROVIDING NOTICE TO THE PARTIES PURSUANT TO SUBDIVISIONS ONE
 AND TWO OF THIS SECTION, AND FOR THE EXPEDITIOUS FILING, BRIEFING, HEAR-
 ING, AND DETERMINATION OF APPEALS UNDER THIS SECTION.
   5. THIS SECTION SHALL NOT APPLY WHERE THE SUBPOENA THAT IS THE SUBJECT
 OF THE MOTION TO QUASH RELATES TO A GRAND JURY PROCEEDING.
   § 2. The opening paragraph of section 450.60 of the criminal procedure
 law is amended to read as follows:
   The  particular intermediate appellate courts to which appeals author-
 ized by sections 450.10 [and], 450.20 AND 450.25 must be  taken  are  as
 follows:
   § 3. Section 460.10 of the criminal procedure law is amended by adding
 a new subdivision 4-a to read as follows:
   4-A.  AN  APPEAL  BY A NON-PARTY TO AN INTERMEDIATE APPELLATE COURT BY
 RIGHT, PURSUANT TO SECTION 450.25 OF  THIS  TITLE,  SHALL  BE  TAKEN  IN
 ACCORDANCE WITH THE RULES OF THE APPELLATE DIVISION OF THE DEPARTMENT IN
 WHICH SUCH INTERMEDIATE APPELLATE COURT IS LOCATED.
   §  4.  The section heading of section 460.50 of the criminal procedure
 law is amended and a new subdivision 7 is added to read as follows:
   Stay of judgment OR PROCEEDINGS pending appeal to intermediate  appel-
 late court.
   7.  (A)  WHERE  A  NON-PARTY  TO  A  CRIMINAL ACTION OR PROCEEDING HAS
 APPEALED AN ORDER OF A CRIMINAL COURT, PURSUANT  TO  SECTION  450.25  OF
 THIS  TITLE,  SUCH NON-PARTY MAY APPLY TO THE CRIMINAL COURT THAT ISSUED
 SUCH ORDER FOR AN ORDER STAYING SUCH ACTION OR  PROCEEDING  PENDING  THE
 DETERMINATION OF SUCH APPEAL.
   (B) IF AN APPLICATION BROUGHT PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION  IS DENIED, THE NON-PARTY MAY APPLY TO THE INTERMEDIATE APPELLATE
 COURT WHERE THE APPEAL IS THEN PENDING FOR AN ORDER STAYING SUCH  ACTION
 OR PROCEEDING PENDING THE DETERMINATION OF SUCH APPEAL.
   (C)  AN  APPLICATION  BROUGHT PURSUANT TO PARAGRAPH (A) OR (B) OF THIS
 SUBDIVISION, SHALL BE BROUGHT UPON REASONABLE NOTICE TO THE  PARTIES  TO
 SUCH  ACTION  OR  PROCEEDING AND SUCH PARTIES SHALL BE ACCORDED ADEQUATE
 OPPORTUNITY TO APPEAR AND BE HEARD IN SUPPORT THEREOF OR  IN  OPPOSITION
 THERETO.  SUCH  APPLICATION  SHALL BE MADE IN A MANNER DETERMINED BY THE
 RULES OF THE APPELLATE DIVISION OF THE DEPARTMENT IN WHICH SUCH INTERME-
 DIATE APPELLATE COURT IS LOCATED.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.