STATE OF NEW YORK
________________________________________________________________________
153
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. CRUZ, L. ROSENTHAL, MEEKS, JACKSON -- read once
and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to enabling
appellate review of the fairness and appropriateness of an imposed
sentence
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 2 of section 470.15 of the
2 criminal procedure law is amended to read as follows:
3 (c) Upon a determination that a sentence imposed upon a valid
4 conviction is illegal or unduly harsh or severe, the court [may] shall,
5 notwithstanding an otherwise enforceable waiver of appeal, modify the
6 judgment by reversing it with respect to the sentence and by otherwise
7 affirming it.
8 § 2. This act shall take effect on the sixtieth day after it shall
9 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02004-01-3
