| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2020 |
referred to codes |
Senate Bill S7041
2019-2020 Legislative Session
Sponsored By
(D) 10th Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
2019-S7041 (ACTIVE) - Details
2019-S7041 (ACTIVE) - Summary
Relates to appellate processes for misdemeanor cases where a term of imprisonment is imposed; provides that if appeal is taken from a sentence of imprisonment, the appeal must be taken to the appellate division of the department in which such judgment, sentence or order was entered.
2019-S7041 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7041
SPONSOR: SANDERS
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to appellate
processes for misdemeanor cases where a term of imprisonment is imposed
PURPOSE OR GENERAL IDEA OF BILL:
The bill changes the procedure for appealing misdemeanor convictions
where a jail sentence is imposed.
SUMMARY OF PROVISIONS:
The bill allows a defendant to appeal a misdemeanor conviction to the
Appellate Division where a sentence of jail is imposed. Under current
law, only an appeal to County Court is allowed.
JUSTIFICATION:
2019-S7041 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7041
I N S E N A T E
(PREFILED)
January 8, 2020
___________
Introduced by Sen. SANDERS -- 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 appellate
processes for misdemeanor cases where a term of imprisonment is
imposed
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 450.60 of the criminal procedure
law is amended to read as follows:
3. An appeal from a judgment, sentence or order of a local criminal
court located outside of New York City must, except as otherwise
provided in this subdivision, be taken to the county court of the county
in which such judgment, sentence or order was entered. PROVIDED, HOWEV-
ER, THAT, IN THE EVENT SUCH APPEAL IS TAKEN FROM A SENTENCE OF IMPRISON-
MENT, SUCH APPEAL MUST BE TAKEN TO THE APPELLATE DIVISION OF THE DEPART-
MENT IN WHICH SUCH JUDGMENT, SENTENCE OR ORDER WAS ENTERED.
[If the appellate division of the second, third or fourth department
has established an appellate term of the supreme court for its depart-
ment, it may direct that appeals from such judgments, sentences and
orders of such local criminal courts, or of particular classifications
of such local criminal courts, be taken to such appellate term of the
supreme court instead of to the county court; and in such case such an
appeal must be so taken.]
§ 2. This act shall take effect on the one hundred eightieth day
after it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03517-01-9
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.