Authorizes courts to reduce or modify sentences upon a motion for certain individuals convicted of a felony in which the sentence is greater than necessary to achieve the purpose of sentencing.
STATE OF NEW YORK
________________________________________________________________________
2445
2025-2026 Regular Sessions
IN ASSEMBLY
January 17, 2025
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to authorizing
courts to reduce or modify sentences for certain individuals when such
sentence is deemed excessive
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 440.20 of the criminal procedure law is amended by
2 adding a new subdivision 5 to read as follows:
3 5. (a) Upon motion of an eligible individual, the court in which judg-
4 ment was entered may reduce or modify the sentence on the ground that
5 such sentence is greater than necessary to achieve the purposes of
6 sentencing. Subdivision two of this section shall not apply to a motion
7 brought under this subdivision.
8 (b) An individual shall be eligible for relief under this subdivision
9 when such individual:
10 (i) has been convicted, either by plea or verdict, of a felony
11 offense; or
12 (ii) has appealed a judgment or sentence that is the subject of relief
13 pursuant to this section. Nothing in this subparagraph shall be
14 construed to require that the defendant has taken a direct appeal in
15 order to be eligible for relief pursuant to this section.
16 (c) Notwithstanding the provisions of paragraph (b) of this subdivi-
17 sion, an otherwise ineligible individual shall be deemed eligible upon
18 consent of the district attorney.
19 (d) An individual who is serving the minimum sentence permitted under
20 the penal law shall not be eligible under this subdivision.
21 (e) A motion brought pursuant to this subdivision shall be referred
22 for determination to the judge or justice who imposed the original
23 sentence upon such individual. If, at the time of the application, the
24 original sentencing judge or justice is no longer a judge or justice of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06135-01-5
A. 2445 2
1 a court of competent jurisdiction, then the application shall be
2 assigned to another judge or justice of the court by the administrative
3 judge of the applicable court.
4 (f) In deciding the motion, the court shall consider the principles of
5 rehabilitation, punishment and deterrence, the rehabilitation demon-
6 strated by the defendant, and the promotion of the individual's success-
7 ful reentry and reintegration into society, as well as public safety.
8 The court may consider any facts or circumstances relevant to the impo-
9 sition of a new sentence that are submitted by such individual or the
10 district attorney, including, but not limited to:
11 (i) age, personal circumstances, and medical condition, including
12 conditions that existed at the time of the original sentencing;
13 (ii) the defendant's institutional record of confinement;
14 (iii) whether the individual has availed themself of educational,
15 therapeutic, and vocational opportunities while imprisoned; and
16 (iv) any statistical evidence demonstrating excessiveness in compar-
17 ison to other sentences of individuals for the same crime.
18 (g) The court shall not order a new pre-sentence investigation and
19 report. The court shall offer the defendant an opportunity for a hear-
20 ing. If the court finds that the sentence is greater than necessary to
21 achieve the purposes of sentencing, the court shall grant the motion and
22 enter an order modifying the sentence to any lesser authorized term of
23 imprisonment. The order may also direct that the new sentence run
24 concurrently with any other term of imprisonment being served by the
25 individual. The court shall place its reasons on the record for modifi-
26 cation of the sentence, or denial of modification.
27 (h) In the event that an individual is denied relief under this subdi-
28 vision, or in the event that the individual is denied the full reduction
29 sought, such individual may bring a new motion at any time after three
30 years from the date of denial of the previous motion.
31 (i) An appeal to an intermediate appellate court may be taken as of
32 right from an order denying a motion made pursuant to this subdivision.
33 (j) No defendant shall be required or permitted to waive eligibility
34 for relief pursuant to this section as part of a plea of guilty,
35 sentence or any agreement related to a conviction for a felony offense,
36 and any such waiver shall be deemed void and wholly unenforceable.
37 (k) An order modifying the sentence pursuant to this section shall not
38 affect the validity or status of the underlying conviction.
39 (l) Subdivision one of section seven hundred seventeen and subdivision
40 four of section seven hundred twenty-two of the county law, and the
41 related provisions of article eighteen-A of such law, shall apply to the
42 preparation of and proceedings on motions pursuant to this section, as
43 well as to any appeals taken pursuant to this subdivision.
44 § 2. This act shall take effect on the ninetieth day after it shall
45 have become a law and shall apply to offenses committed before, on or
46 after the date this act shall have become a law.
