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A04618 Summary:

BILL NOA04618B
 
SAME ASSAME AS S07505
 
SPONSORPeoples-Stokes
 
COSPNSRLupardo, Zinerman, Seawright
 
MLTSPNSR
 
Amd 440.46-a, CP L
 
Makes technical corrections regarding the unlawful possession and sale of cannabis.
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A04618 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4618--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 17, 2023
                                       ___________
 
        Introduced by M. of A. PEOPLES-STOKES, LUPARDO -- read once and referred
          to the Committee on Codes -- reported and referred to the Committee on
          Codes  --  committee  discharged,  bill  amended, ordered reprinted as
          amended and recommitted to said committee -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee
 
        AN ACT to amend the criminal procedure law, in relation to making  tech-
          nical corrections regarding the unlawful possession and sale of canna-
          bis
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph (ii) of paragraph  (b)  of  subdivision  2  of
     2  section  440.46-a  of the criminal procedure law, as added by chapter 92
     3  of the laws of 2021, is amended to read as follows:
     4    (ii) If the petition meets the criteria in subparagraph [(i)] (ii)  of
     5  paragraph (a) of this subdivision, the court after affording the parties
     6  an  opportunity to be heard and present evidence, may substitute, unless
     7  it is not in the interests of justice to do  so,  a  conviction  for  an
     8  appropriate  lesser  offense under article two hundred twenty-two of the
     9  penal law.
    10    § 2. This act shall take effect immediately, and shall  be  deemed  to
    11  have been in full force and effect on and after March 31, 2021.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07443-05-3
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