A00738 Summary:

BILL NO    A00738 

SAME AS    No same as 

SPONSOR    Steck

COSPNSR    

MLTSPNSR   

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.
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A00738 Actions:

BILL NO    A00738 

01/07/2015 referred to codes
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A00738 Votes:

There are no votes for this bill in this legislative session.
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A00738 Memo:

BILL NUMBER:A738

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 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.
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A00738 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          738

                              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
         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    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.
                                                                  LBD04399-01-5
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