Assembly Bill A1135

2011-2012 Legislative Session

Permits the court to grant post-conviction motions to vacate a judgment when the issue raised upon such motion is ineffective assistance of counsel

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A1135 (ACTIVE) - Details

See Senate Version of this Bill:
S1020
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง440.10, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5170, S4667
2013-2014: A2442, S42
2015-2016: S1345
2017-2018: S335
2019-2020: S6661
2021-2022: S1217

2011-A1135 (ACTIVE) - Summary

Permits the court to grant post-conviction motions to vacate a judgment when the issue raised upon such motion is ineffective assistance of counsel in certain cases in which the court would otherwise be required to deny the motion.

2011-A1135 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1135

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

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:

  Section  1.  Paragraphs (b) and (c) of subdivision 2 of section 440.10
of the criminal procedure law, paragraph (b) as amended by  chapter  332
of the laws of 2010, are amended to read as follows:
  (b)  The judgment is, at the time of the motion, appealable or pending
on appeal, and sufficient facts appear on the record with respect to the
ground or issue raised upon the motion to permit adequate review thereof
upon such an appeal UNLESS THE ISSUE RAISED UPON SUCH MOTION IS INEFFEC-
TIVE ASSISTANCE OF COUNSEL.  This paragraph shall not apply to a  motion
under paragraph (i) of subdivision one of this section; or
  (c)  Although sufficient facts appear on the record of the proceedings
underlying  the  judgment to have permitted, upon appeal from such judg-
ment, adequate review of the ground or issue raised upon the motion,  no
such appellate review or determination occurred owing to the defendant's
unjustifiable failure to take or perfect an appeal during the prescribed
period  or  to  his OR HER unjustifiable failure to raise such ground or
issue upon an appeal actually perfected by him OR HER UNLESS  THE  ISSUE
RAISED UPON SUCH MOTION IS INEFFECTIVE ASSISTANCE OF COUNSEL; or
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05132-01-1

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