NY State Senate Bill 2019-S7636

Senate Bill S7636

2019-2020 Legislative Session

Relates to appeals to an intermediate appellate court which may be by right by a criminal defendant

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2020	referred to codes

2019-S7636 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§450.15 & 450.10, CP L

2019-S7636 (ACTIVE) - Summary

Relates to appeals to an intermediate appellate court by right by a criminal defendant.

2019-S7636 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7636

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to appeals to an
intermediate appellate court by right by a criminal defendant

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow criminal defendants to appeal, as of right, (1) an order deny-
ing a motion made pursuant to section 440.10 of the Criminal Procedure
Law to vacate a judgment, and (2) an order denying a motion made pursu-
ant to section 440.20 of the Criminal Procedure Law to set aside a
sentence.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 450.15 of the criminal procedure
law ("Appeal by defendant to intermediate appellate court; in what cases
authorized by permission") to repeal subdivisions 1 and 2 (orders deny-

ing a motion to vacate a judgment or set aside a sentence other than one
of death).

Section 2 of the bill amends section 450.10 of the criminal procedure
law ("Appeal by defendant to intermediate appellate court; in what cases
authorized as of right") to add as new subdivisions 6 and 7 the two
subdivisions repealed from section 450.15 by section 1 of this bill.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

New York's Criminal Procedure Law provides convicted criminal defendants
with the ability to vacate a judgment of conviction for a variety of
reasons, from lack of jurisdiction to newly-discovered evidence (CPL
Section 440.10). Another provision of the Criminal Procedure Law (CPL
Section 440.20) allows a convicted defendant to move to set aside a
judgment on the grounds that it was unauthorized, illegally imposed or
otherwise invalid as a matter of law. Both of these provisions provide
critical opportunities for wrongfully-convicted defendants to correct a
miscarriage of justice.

Under current law, if a section 440.10 or 440.20 motion is denied by the
court, a defendant can only appeal that denial if the defendant obtains
a certificate granting leave to appeal, pursuant to section 460.15 of
the Criminal Procedure Law. The discretion to grant a 460.15 certificate
is solely in the hands of a single intermediate appellate judge. If the
section 440.10 or 440.20 motion is granted, however, the People have the
ability to appeal the order to vacate or set aside the sentence as of
right under Criminal Procedure Law section 450.20.

This legislation would put the state and criminal defendants on equal
footing by making defendants' right to appeal adverse 440.10 and 440.20
decisions consistent with the right afforded to the People

 
LEGISLATIVE HISTORY:

None, new bill.
 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7636 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7636
 
                             I N  S E N A T E
 
                             February 3, 2020
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 appeals to an
   intermediate appellate court by right by a criminal defendant
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 450.15 of the criminal procedure law, as amended by
 chapter 671 of the laws of 1984, is amended to read as follows:
 § 450.15  Appeal  by  defendant to intermediate appellate court; in what
              cases authorized by permission.
   If an appeal by defendant is not authorized as of  right  pursuant  to
 section  450.10  OF  THIS  ARTICLE,  the  defendant  may appeal from the
 following [orders] ORDER of a criminal court, provided  that  a  certif-
 icate  granting  leave to appeal is issued pursuant to section 460.15 OF
 THIS TITLE:
   [1.  An order denying a motion, made pursuant to  section  440.10,  to
 vacate a judgment other than one including a sentence of death;
   2.    An  order  denying  a  motion  by the defendant made pursuant to
 section 440.20, to set aside a sentence other than one of death;
   3. A] A sentence which is not otherwise appealable as of right  pursu-
 ant to subdivision one or two of section 450.10 OF THIS ARTICLE.
   § 2. Section 450.10 of the criminal procedure law is amended by adding
 two new subdivisions 6 and 7 to read as follows:
   6.  AN ORDER DENYING A MOTION, MADE PURSUANT TO SECTION 440.10 OF THIS
 TITLE, TO VACATE A JUDGMENT OTHER  THAN  ONE  INCLUDING  A  SENTENCE  OF
 DEATH.
   7. AN ORDER DENYING A MOTION BY THE DEFENDANT MADE PURSUANT TO SECTION
 440.20 OF THIS TITLE, TO SET ASIDE A SENTENCE OTHER THAN ONE OF DEATH.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14983-01-0

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