NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9117A
SPONSOR: Cruz TITLE OF BILL:
An act to amend the criminal procedure law, in relation to facilitating
appellate review of rulings that implicate issues of public concern
PURPOSE:
The purpose of the Act is to require the court to review a denial of a
motion to suppress evidence on appeal. By ensuring that a court review
such denials, the legislative intent of section 710.70 will be
fulfilled, and defendants can properly challenge the validity of an
order denying their motion. Additionally, such review of an order deny-
ing a motion to suppress evidence will take place regard less of whether
a defendant waives their right to appeal on that issue.
SUMMARY OF PROVISIONS:
Section (1) amends CPL 710.70 by replacing the term "may" with "shall"
and allows an appellate review of an order finally denying a motion to
suppress evidence, regardless of a defendant's waiver of their right to
appeal.
Section (2) provides that this act will take effect sixty days after
becoming law.
JUSTIFICATION:
The purpose of the proposed amendment is to fulfill the legislative
intent of section 710.70. Currently, the law has recently evolved to
curtail a defendant's right to appellate review. Defendants in criminal
proceedings traditionally face additional hardships which impact impor-
tant constitutional rights involving due process, equal protection and
the right to be free from i searches and seizures which occur in cases
involving false confessions, unreliable identification procedures, stops
and frisks, racial profiling, and police perjury. This amendment will
not change the long established rules of preservation for appellate
review. By providing defendants with an additional level of review on
crucial orders regarding the suppression of evidence, the constitutional
rights of all New Yorkers can be enforced as it was previously done for
decades without causing an undue burden on the courts.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
LOCAL FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
9117--A
Cal. No. 321
IN ASSEMBLY
February 7, 2024
___________
Introduced by M. of A. CRUZ, BORES, L. ROSENTHAL, KELLES, JACKSON --
read once and referred to the Committee on Codes -- reported from
committee, advanced to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the criminal procedure law, in relation to facilitating
appellate review of rulings that implicate issues of public concern
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 710.70 of the criminal procedure
2 law is amended to read as follows:
3 2. An order finally denying a motion to suppress evidence [may] shall
4 be [reviewed] reviewable upon an appeal from an ensuing judgment of
5 conviction notwithstanding the fact that such judgment is entered upon a
6 plea of guilty and not withstanding an otherwise enforceable waiver of
7 the right to appeal.
8 § 2. This act shall take effect on the sixtieth day after it shall
9 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02005-03-4
