Senate Bill S7041

2019-2020 Legislative Session

Relates to appellate processes for misdemeanor cases where a term of imprisonment is imposed

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2019-S7041 (ACTIVE) - Details

See Assembly Version of this Bill:
A345
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §450.60, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6873
2015-2016: A738
2017-2018: A2616
2021-2022: A271
2023-2024: A4280
2025-2026: A1033

2019-S7041 (ACTIVE) - Summary

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.

2019-S7041 (ACTIVE) - Sponsor Memo

2019-S7041 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7041
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  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:
 
   Section  1.  Subdivision 3 of section 450.60 of the criminal procedure
 law is amended to read as follows:
   3.  An appeal from a judgment, sentence or order of a  local  criminal
 court  located  outside  of  New  York  City  must,  except as otherwise
 provided in this subdivision, be taken to the county court of the county
 in which such judgment, sentence or order was entered.  PROVIDED, HOWEV-
 ER, THAT, IN THE EVENT SUCH APPEAL IS TAKEN FROM A SENTENCE OF IMPRISON-
 MENT, SUCH APPEAL MUST BE TAKEN TO THE APPELLATE DIVISION OF THE DEPART-
 MENT IN WHICH SUCH JUDGMENT, SENTENCE OR ORDER WAS ENTERED.
   [If the appellate division of the second, third or  fourth  department
 has  established  an appellate term of the supreme court for its depart-
 ment, it may direct that appeals  from  such  judgments,  sentences  and
 orders  of  such local criminal courts, or of particular classifications
 of such local criminal courts, be taken to such appellate  term  of  the
 supreme  court  instead of to the county court; and in such case such an
 appeal must be so taken.]
   § 2.  This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03517-01-9

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