Preserves the ability to appeal a violation of a defendant's right to make a statement personally in his or her own behalf at sentencing notwithstanding a defendant signed an otherwise valid waiver of appeal.
STATE OF NEW YORK
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2411
2023-2024 Regular Sessions
IN SENATE
January 20, 2023
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed 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 in his or her own behalf 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 own behalf, and before pronouncing sentence the court must ask
10 the defendant whether he or she wishes to make such a statement. A
11 defendant may challenge on appeal, notwithstanding an otherwise valid
12 waiver of appeal, a violation of the defendant's rights under this
13 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.
LBD05639-01-3
