Preserves the ability to appeal a violation of a defendant's right to make a statement personally in his or her own behalf at sentencing notwithstanding a defendant signed an otherwise valid waiver of appeal.
STATE OF NEW YORK
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10363
IN ASSEMBLY
May 21, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A.
Bichotte Hermelyn) -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to preserving
the ability to appeal a violation of a defendant's right to make a
statement personally in his or her own behalf at sentencing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 380.50 of the criminal procedure
2 law, as amended by chapter 307 of the laws of 1992, is amended to read
3 as follows:
4 1. At the time of pronouncing sentence, the court must accord the
5 prosecutor an opportunity to make a statement with respect to any matter
6 relevant to the question of sentence. The court must then accord counsel
7 for the defendant an opportunity to speak on behalf of the defendant.
8 The defendant also has the right to make a statement personally in his
9 or her own behalf, and before pronouncing sentence the court must ask
10 the defendant whether he or she wishes to make such a statement. A
11 defendant may challenge on appeal, notwithstanding an otherwise valid
12 waiver of appeal, a violation of the defendant's rights under this
13 subdivision.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05639-01-3
