Assembly Bill A271

2021-2022 Legislative Session

Relates to appellate processes for misdemeanor cases where a term of imprisonment is imposed

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2021-A271 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §450.60, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6873
2015-2016: A738
2017-2018: A2616
2019-2020: A345
2023-2024: A4280

2021-A271 (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.

2021-A271 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    271
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. STECK -- Multi-Sponsored by -- M. of A. GOTTFRIED
   -- read once and referred 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.
                                                            LBD04007-01-1

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