BILL NO A00738
SAME AS No same as
Amd S450.60, CP L
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.
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
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 Divisions. 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: No prior legislative history is known.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediate.
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
January 7, 2015
Introduced by M. of A. STECK -- read once and referred to the Committee
AN ACT to amend the criminal procedure law, in relation to appellate
processes for misdemeanor cases where a term of imprisonment is
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 S 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.