What's happening
This bill allows claims of ineffective assistance of counsel to be raised in post-conviction motions even if sufficient facts appear on the trial record.
Why it matters
Expands the ability of convicted individuals to challenge their convictions based on claims that their defense lawyer did a poor job, even if the trial record already contains enough information for an appellate court to review the issue. This means people can raise these claims in a post-conviction motion rather than being limited to direct appeals.
Addresses a key barrier for people who may have missed raising ineffective assistance claims on direct appeal, or whose appeals were not perfected (completed) for procedural reasons. This change prevents procedural technicalities from blocking potentially valid claims about poor legal representation.
Could lead to increased scrutiny of defense counsel performance and potentially more post-conviction hearings,. especially in cases where poor lawyering may have affected the outcome but was not adequately addressed in the initial appeal.
Seeks to ensure that constitutional rights to effective counsel are more fully protected,. recognizing that a fair trial depends on competent legal representation and that some failures may only come to light or be properly addressed after the initial trial and appeal process.
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Who cares
Headline styles
Easier Appeals for Bad Lawyers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Delivered to senate
- Passed assembly
- Ordered to third reading cal.537
- Returned to assembly
- Died in senate
- Referred to rules
- Delivered to senate
- Passed assembly
- Ordered to third reading rules cal.345
- Rules report cal.345
- Reported
Show 2 earlier actions
- Reported referred to rules
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Courts Fix Lawyer Mistakes
In Senate Committee · Codes · Sponsor José Peralta
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7621
2017-2018 Regular Sessions
IN ASSEMBLY
May 5, 2017
Introduced by M. of A. LAVINE -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to claims of ineffective assistance of counsel in post-conviction motions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (b) and (c) of subdivision 2 of section 440.10 of the criminal procedure law, paragraph (b) as amended by chapter 332 of the laws of 2010, are amended to read as follows:
(b) The judgment is, at the time of the motion, appealable or pending on appeal, and sufficient facts appear on the record with respect to the ground or issue raised upon the motion to permit adequate review thereof upon such an appeal unless the issue raised upon such motion is ineffective assistance of counsel. This paragraph shall not apply to a motion under paragraph (i) of subdivision one of this section; or
(c) Although sufficient facts appear on the record of the proceedings underlying the judgment to have permitted, upon appeal from such judgment, adequate review of the ground or issue raised upon the motion, no such appellate review or determination occurred owing to the defendant's unjustifiable failure to take or perfect an appeal during the prescribed period or to his or her unjustifiable failure to raise such ground or issue upon an appeal actually perfected by him or her unless the issue raised upon such motion is ineffective assistance of counsel; or
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00095-01-7
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.