Authorizes an application for permission to appeal to the court of appeals from an order of the appellate division concerning a change of venue; requires the chief administrator of the courts, with the advice and consent of the administrative board of the courts, to adopt rules for the expeditious briefing, hearing and determination of such appeals.
STATE OF NEW YORK
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3909
2015-2016 Regular Sessions
IN ASSEMBLY
January 28, 2015
___________
Introduced by M. of A. WRIGHT -- Multi-Sponsored by -- M. of A. FARRELL
-- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to authorizing
an application for permission to appeal to the court of appeals from
an order of the appellate division concerning a change of venue
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 230.20 of the criminal procedure law is amended by
2 adding a new subdivision 5 to read as follows:
3 5. Any party aggrieved by an order of the appellate division concern-
4 ing a motion made pursuant to subdivision two of this section may seek
5 leave to appeal from such order to the court of appeals, pursuant to
6 subdivision three of section 450.90 of this chapter.
7 § 2. Section 450.90 of the criminal procedure law is amended by adding
8 a new subdivision 3 to read as follows:
9 3. Provided that a certificate granting leave to appeal is issued
10 pursuant to section 460.20 of this chapter, an appeal may be taken to
11 the court of appeals by any party aggrieved by an order of the appellate
12 division concerning a motion made pursuant to subdivision two of section
13 230.20 of this chapter. Upon the request of either party, the hearing
14 and determination of an appeal granted pursuant to this subdivision
15 shall be conducted in an expeditious manner. The chief administrator of
16 the courts, with the advice and consent of the administrative board of
17 the courts, shall adopt rules for the expeditious briefing, hearing and
18 determination of such appeals.
19 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05321-01-5
