BILL NUMBER: S6858

SPONSOR: BAILEY
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to ensure that a defendant retains his or
her right to speak to the court at sentencing.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends subdivision 1 of section 380.50 of the
criminal procedure law to state that a defendant may appeal a violation
of his or her rights under this subdivision despite the presence of a
signed appeal waiver.

Section two sets forth the effective date.
              

 
JUSTIFICATION:

On May 6, 2021, the New York State Court of Appeals, in a very short
memorandum decision concerning a criminal case, affirmed an Appellate
Division order holding that the defendant in that case was not entitled
to challenge the denial of his right to speak at sentencing (see People
v. Brown, decided May 6, 2021). The basis for this decision was that the
defendant's claim under criminal procedure law 380.50 was not reviewable
on account that the defendant had waived his right to appeal when taking
a guilty plea.

The dissent in that case noted that the right of allocution is long-
standing in New York, and that a defendant in a criminal case ought to
have an opportunity to address the court at sentencing to give the
person an opportunity to speak on his or her own behalf.  The dissent's
position is consistent with the plain text of criminal procedure law
380.50, which unequivocally states that a court "must ask the defendant
whether he or she wishes to make such a statement."

The purpose of this bill is to ensure that a defendant's rights under
criminal procedure law 380.50 are preserved.

 
FISCAL IMPACT:

To be determined.

 
LEGISLATIVE HISTORY:

New Bill

 
EFFECTIVE DATE:
Immediately.