What's happening
This bill requires appeals of misdemeanor sentences involving imprisonment outside New York City to go directly to the appellate division, not county court.
Why it matters
Raises the level of court oversight. By sending appeals of misdemeanor sentences involving imprisonment directly to the appellate division, the bill ensures that more serious review is conducted by higher, more specialized judges rather than by county courts, which may have less experience with criminal appeals.
Creates a uniform appeals process across regions. The bill removes the current system where some appeals could be heard by an "appellate term" or at the discretion of the appellate division, establishing a consistent route for such appeals regardless of the department.
Potentially speeds up and standardizes justice for defendants. Direct appellate division review could result in faster and more predictable appellate outcomes for individuals appealing jail sentences, possibly reducing delays or inconsistencies that can arise in county courts.
Reflects increased scrutiny for loss-of-liberty cases. The change signals that when someone's freedom is at stake due to a jail sentence, higher-level judicial scrutiny is warranted, which may enhance protections for defendants’ rights.
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Who cares
Defendants sentenced to imprisonment outside New York City
The bill would require appeals from local criminal court sentences of imprisonment to go to the Appellate Division rather than county court.
Criminal defense attorneys and district attorneys
The bill would change where they handle appeals from local criminal court sentences of imprisonment outside New York City.
Appellate Division courts
They would hear these imprisonment-sentence appeals, and the bill would remove authority for the Second, Third and Fourth Departments to route local criminal court appeals to an Appellate Term instead of county court.
County courts outside New York City
They would no longer hear appeals from local criminal court sentences of imprisonment, while remaining the designated venue for other local criminal court appeals.
Headline styles
Appeals Go to Higher Court
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2616
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. STECK -- read once and referred 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 Assembly, 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, however, that, in the event such appeal is taken from a sentence of imprisonment, such appeal must be taken to the appellate division of the department 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 department, 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.
LBD07658-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.