S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7352
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced by M. of A. ROMERO -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the criminal procedure law, in relation to requiring
   applications for leave to appeal to the court of appeals to be made to
   the full court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "fair court
 of appeals access act".
   §  2.  Section  460.20 of the criminal procedure law, subdivision 5 as
 added by chapter 699 of the laws of 1977, is amended to read as follows:
 § 460.20  Certificate granting leave to appeal to court of appeals.
   1.  A certificate granting leave to appeal to  the  court  of  appeals
 from  an  order  of  an  intermediate  appellate court is an order of [a
 judge] THE COURT OF APPEALS granting such permission and certifying that
 the case involves a question of law which ought to be  reviewed  by  the
 court of appeals.
   2.    Such  certificate may be issued [by the following judges] in the
 indicated situations:
   (a)  Where the appeal sought is from an order of the  appellate  divi-
 sion,  the  certificate  may  be issued by (i) [a judge of] the court of
 appeals, UPON THE APPROVAL OF TWO JUDGES OF SUCH COURT  AFTER  THE  FULL
 COURT'S  CONSIDERATION OF THE MOTION FOR A CERTIFICATE GRANTING LEAVE TO
 APPEAL or (ii) a justice of the appellate  division  of  the  department
 which entered the order sought to be appealed.
   (b)    Where  the  appeal  sought  is from an order of an intermediate
 appellate court other than the appellate division, the  certificate  may
 be issued only by [a judge of] the court of appeals.
   3.   An application for such a certificate must be made in the follow-
 ing manner:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10432-01-5
 A. 7352                             2
              

 
   (a)  An application to a justice of the  appellate  division  must  be
 made upon reasonable notice to the respondent;
   (b)    An application seeking such a certificate from [a judge of] the
 court of appeals must be made [to the  chief  judge  of  such  court  by
 submission  thereof,  either]  in  writing  [or first orally and then in
 writing,] to the clerk of the court of appeals.  [The chief  judge  must
 then  designate a judge of such court to determine the application.] The
 clerk must then notify the  respondent  of  the  application  [and  must
 inform both parties of such designation].
   (C)  THE  COURT  OF  APPEALS  SHALL HAVE THE AUTHORITY TO CREATE RULES
 GOVERNING APPLICATIONS FOR LEAVE TO APPEAL IN CRIMINAL  CASES  THAT  ARE
 NOT INCONSISTENT WITH THIS SECTION.
   4.    A  justice of the appellate division to whom such an application
 has been made[, or a judge of the court of appeals designated to  deter-
 mine  such  an  application,] may in [his] THEIR discretion determine it
 upon such papers as [he] THEY may request the parties to submit, or upon
 oral argument, or upon both.
   5.   [Every judge] THE COURT  OF  APPEALS  or  AN  APPELLATE  DIVISION
 justice acting pursuant to this section shall file with the clerk of the
 court of appeals, immediately upon issuance, a copy of every certificate
 granting or denying leave to appeal.
   §  3.  This  act  shall take effect immediately and shall apply to any
 application for leave to appeal from  an  intermediate  appellate  court
 order entered on, or after, the effective date of this act.