S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7446
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2017
                                ___________
 
 Introduced  by  M.  of A. BRINDISI -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  procedures
   for  taking  an  appeal from a court that is not designated a court of
   record

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of subdivision 3 of section 460.10 of the
 criminal procedure law, as added by chapter 671 of the laws of 1971,  is
 amended to read as follows:
   (a)  Within thirty days after entry or imposition in such local crimi-
 nal  court of the judgment, sentence or order being appealed, the appel-
 lant must file with such  court  either  (i)  an  affidavit  of  errors,
 setting forth alleged errors or defects in the proceedings which are the
 subjects  of  the appeal, or (ii) a notice of appeal.  Where a notice of
 appeal is filed, the appellant  must  serve  a  copy  thereof  upon  the
 respondent  in the manner provided in paragraphs (b) and (c) of subdivi-
 sion one, and, within [thirty] SIXTY days after [the filing thereof] THE
 APPELLANT  RECEIVES  A  TRANSCRIPT  OF   THE   ELECTRONICALLY   RECORDED
 PROCEEDINGS, must file with such court an affidavit of errors.
   § 2. Subdivision 1 of section 460.70 of the criminal procedure law, as
 amended  by  chapter  83  of  the  laws  of  1995, is amended to read as
 follows:
   1. Except as provided in subdivision two, the mode  of  and  time  for
 perfecting  an  appeal which has been taken to an intermediate appellate
 court from a judgement, sentence or order of a criminal court are deter-
 mined by rules of the appellate division of the department in which such
 appellate court is located. Among the matters to be determined  by  such
 court  rules  are  the  times  when  the  appeal must be noticed for and
 brought to argument, the content and form of the records and  briefs  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09909-01-7
              

 A. 7446                             2
 
 be  served  and filed, and the time when such records and briefs must be
 served and filed.
   When  an  appeal is taken by a defendant pursuant to section 450.10, a
 transcript shall be prepared and settled and shall  be  filed  with  the
 criminal   court   by   the   court  reporter.  ELECTRONICALLY  RECORDED
 PROCEEDINGS THAT WERE NOT RECORDED BY  A  STENOGRAPHER  SHALL  BE  TRAN-
 SCRIBED  AND FILED WITH THE COURT AS DIRECTED BY THE CHIEF ADMINISTRATOR
 OF THE COURTS. The expense for such transcript and any reproduced copies
 of such transcript shall be paid by the defendant. Where  the  defendant
 is  granted  permission  to  proceed  as  a poor person by the appellate
 court, the court reporter shall promptly make and file with the criminal
 court a transcript of the stenographic minutes of  such  proceedings  as
 the  appellate  court  shall  direct. The expense of transcripts and any
 reproduced copies of transcripts prepared for poor  persons  under  this
 section shall be a state charge payable out of funds appropriated to the
 office  of  court  administration  for that purpose. The appellate court
 shall where such is necessary for perfection of the appeal,  order  that
 the  criminal  court furnish a reproduced copy of such transcript to the
 defendant or his counsel.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.