NY State Senate Bill 2025-S4764

Senate Bill S4764

2025-2026 Legislative Session

Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing

download bill text pdf

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 12, 2025	referred to codes

2025-S4764 (ACTIVE) - Details

See Assembly Version of this Bill:: A3524
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §380.50, CP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6858
2023-2024: S2411, A10363

2025-S4764 (ACTIVE) - Summary

Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing notwithstanding a defendant signed an otherwise valid waiver of appeal.

2025-S4764 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4764

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 at sentencing

 
PURPOSE:

To ensure that a defendant retains their right to speak to the court at
sentencing.

 
SUMMARY OF PROVISIONS:

The bill amends 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.

 
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 allocu-
tion is longstanding in New York, and that a defendant in a criminal
case ought to have an opportunity to address the court at sentencing to
give them an opportunity to speak on their 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:

2021-22: Referred to Codes

2023-24: Committed to Rules

 
EFFECTIVE DATE:
Immediately.

2025-S4764 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4764
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  preserving
   the  ability  to  appeal  a violation of a defendant's right to make a
   statement personally 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] THE DEFENDANT'S own behalf, and before pronouncing sentence  the
 court must ask the defendant whether [he or she] THE DEFENDANT wishes to
 make  such  a  statement.  A DEFENDANT MAY CHALLENGE ON APPEAL, NOTWITH-
 STANDING AN OTHERWISE VALID WAIVER OF APPEAL, A VIOLATION OF THE DEFEND-
 ANT'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.
                                                            LBD07247-01-5

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