Assembly Bill A10363

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current 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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2023-A10363 (ACTIVE) - Details

See Senate Version of this Bill:
S2411
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L
Versions Introduced in 2021-2022 Legislative Session:
S6858

2023-A10363 (ACTIVE) - Summary

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.

2023-A10363 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10363
 
                           I N  A S S E M B L Y
 
                               May 21, 2024
                                ___________
 
 Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
   Bichotte Hermelyn) -- read once and referred 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:
 
   Section  1.  Subdivision 1 of section 380.50 of the criminal procedure
 law, as amended by chapter 307 of the laws of 1992, is amended  to  read
 as follows:
   1.  At  the  time  of  pronouncing sentence, the court must accord the
 prosecutor an opportunity to make a statement with respect to any matter
 relevant to the question of sentence. The court must then accord counsel
 for the defendant an opportunity to speak on behalf  of  the  defendant.
 The  defendant  also has the right to make a statement personally in his
 or her own behalf, and before pronouncing sentence the  court  must  ask
 the  defendant  whether  he  or  she  wishes to make such a statement. A
 DEFENDANT MAY CHALLENGE ON APPEAL, NOTWITHSTANDING  AN  OTHERWISE  VALID
 WAIVER  OF  APPEAL,  A  VIOLATION  OF  THE DEFENDANT'S RIGHTS UNDER THIS
 SUBDIVISION.
   § 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

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