Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing notwithstanding a defendant signed an otherwise valid waiver of appeal.
STATE OF NEW YORK
________________________________________________________________________
3524
2025-2026 Regular Sessions
IN ASSEMBLY
January 28, 2025
___________
Introduced by 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 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] the defendant's own behalf, and before pronouncing sentence the
10 court must ask the defendant whether [he or she] the defendant wishes to
11 make such a statement. A defendant may challenge on appeal, notwith-
12 standing an otherwise valid waiver of appeal, a violation of the defend-
13 ant's rights under this 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.
LBD07247-01-5
