New York State Assembly

 
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A01824 Summary:

A01824 Actions:

A01824 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:05/21/2019AYE/NAY:21/0  Action: Favorable         
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Absent
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

A01824 Floor Votes:

A01824 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1824
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2019
                                       ___________
 
        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to  amend  the criminal procedure law, in relation to claims of
          ineffective assistance of counsel in post-conviction motions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraphs (b) and (c) of subdivision 2 of section 440.10
     2  of the criminal procedure law, paragraph (b) as amended by  chapter  332
     3  of the laws of 2010, are amended to read as follows:
     4    (b)  The judgment is, at the time of the motion, appealable or pending
     5  on appeal, and sufficient facts appear on the record with respect to the
     6  ground or issue raised upon the motion to permit adequate review thereof
     7  upon such an appeal unless the issue raised upon such motion is ineffec-
     8  tive assistance of counsel.  This paragraph shall not apply to a  motion
     9  under paragraph (i) of subdivision one of this section; or
    10    (c)  Although sufficient facts appear on the record of the proceedings
    11  underlying  the  judgment to have permitted, upon appeal from such judg-
    12  ment, adequate review of the ground or issue raised upon the motion,  no
    13  such appellate review or determination occurred owing to the defendant's
    14  unjustifiable failure to take or perfect an appeal during the prescribed
    15  period  or  to  his or her unjustifiable failure to raise such ground or
    16  issue upon an appeal actually perfected by him or her unless  the  issue
    17  raised upon such motion is ineffective assistance of counsel; or
    18    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04605-01-9