Relates to appellate processes for misdemeanor cases where a term of imprisonment is imposed; provides that if appeal is taken from a sentence of imprisonment, the appeal must be taken to the appellate division of the department in which such judgment, sentence or order was entered.
STATE OF NEW YORK
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271
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
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Introduced by M. of A. STECK -- Multi-Sponsored by -- M. of A. GOTTFRIED
-- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to appellate
processes for misdemeanor cases where a term of imprisonment is
imposed
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 450.60 of the criminal procedure
2 law is amended to read as follows:
3 3. An appeal from a judgment, sentence or order of a local criminal
4 court located outside of New York City must, except as otherwise
5 provided in this subdivision, be taken to the county court of the county
6 in which such judgment, sentence or order was entered. Provided, howev-
7 er, that, in the event such appeal is taken from a sentence of imprison-
8 ment, such appeal must be taken to the appellate division of the depart-
9 ment in which such judgment, sentence or order was entered.
10 [If the appellate division of the second, third or fourth department
11 has established an appellate term of the supreme court for its depart-
12 ment, it may direct that appeals from such judgments, sentences and
13 orders of such local criminal courts, or of particular classifications
14 of such local criminal courts, be taken to such appellate term of the
15 supreme court instead of to the county court; and in such case such an
16 appeal must be so taken.]
17 § 2. This act shall take effect on the one hundred eightieth day
18 after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04007-01-1
