BILL NUMBER: S939

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to facilitating
appellate review of rulings that implicate issues of public concern

 
PURPOSE OF BILL:

The purpose of the Act is to require the court to review a denial of a
motion to suppress evidence on appeal. By ensuring that a court review
such denials, the legislative intent of section 710.70 will be
furthered, and defendants can properly challenge the validity of an
order denying their motion. Additionally, such review of an order deny-
ing a motion to suppress evidence will take place regardless of whether
a defendant waives their right to appeal on that issue.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section (1) amends CPL 710.70 by replacing the term "may" with "shall"
and allows an appellate review of an order finally denying a motion to
              

suppress evidence, regardless of a defendant's waiver of their right to
appeal.

Section (2) provides that this act will take effect sixteen days after
becoming law.

 
JUSTIFICATION:

The purpose of the proposed amendment is to further the legislative
intent of section 710.70. Currently, the law gives defendants little
recourse to challenge a final order denying a motion to suppress
evidence when a plea bargain is accepted. Defendants traditionally face
additional hardships during criminal proceedings such as false
confessions, unreliable identification procedures, stop and frisk,
racial profiling, and police perjury. Given the prioritization of judi-
cial efficiency, defendants are put at a disadvantage and are often at
the mercy of the judicial system. By providing defendants with an addi-
tional level of review on crucial orders regarding the suppression of
evidence, the rights of a defendant can be enforced properly under this
section.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: Reported and Committed to Judiciary

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.