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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1033
SPONSOR: Steck 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:
The sad fact in this State is that under current law a misdemeanant has
no right of appeal to any appellate court but can only appeal to the
County Court. The County Court is a busy trial court and was not set up
to function as an appellate court. Moreover, there are numerous County
Courts throughout the State while there are only four Appellate Divi-
sions. The possibility of inconsistent adjudications is great when so
many courts review misdemeanor appeals. Providing for true appellate
review will make the treatment of defendants across the State more
consistent. The right of appeal is limited to cases where a jail
sentence is imposed so as not to unduly increase the appellate docket
and to assure that the right of appeal is provided when the prejudice to
the defendant from an erroneous ruling in the lower court is greatest.
LEGISLATIVE HISTORY:
2013/14: A6873 referred to codes
2015/16: A738 referred to codes
2017/18: A2616 referred to codes
2019/20: A345 referred to codes
2021/22: A271 referred to codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediate.
STATE OF NEW YORK
________________________________________________________________________
1033
2025-2026 Regular Sessions
IN ASSEMBLY
January 8, 2025
___________
Introduced by M. of A. STECK -- 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:
1 Section 1. Subdivision 3 of section 450.60 of the criminal procedure
2 law is amended to read as follows:
3 3. An appeal from a judgment, sentence or order of a local criminal
4 court located outside of New York City must, except as otherwise
5 provided in this subdivision, be taken to the county court of the county
6 in which such judgment, sentence or order was entered. Provided, howev-
7 er, that, in the event such appeal is taken from a sentence of imprison-
8 ment, such appeal must be taken to the appellate division of the depart-
9 ment in which such judgment, sentence or order was entered.
10 [If the appellate division of the second, third or fourth department
11 has established an appellate term of the supreme court for its depart-
12 ment, it may direct that appeals from such judgments, sentences and
13 orders of such local criminal courts, or of particular classifications
14 of such local criminal courts, be taken to such appellate term of the
15 supreme court instead of to the county court; and in such case such an
16 appeal must be so taken.]
17 § 2. This act shall take effect on the one hundred eightieth day
18 after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02304-01-5
