What's happening
This bill allows claims of ineffective assistance of counsel to be raised in post-conviction motions even if appeal is possible.
Why it matters
Expands opportunities for challenging convictions. By allowing claims of ineffective assistance of counsel to be raised in post-conviction motions even when an appeal is possible, the bill gives defendants more ways to challenge their convictions, especially when trial records may not fully capture the issue.
Addresses systemic fairness. This change recognizes that ineffective counsel problems may not always be apparent on the trial record and could be missed during standard appeals, thus aiming to ensure that wrongful convictions due to poor legal representation are more likely to be corrected.
Potentially impacts court workload and resources. Allowing these claims at the post-conviction stage, regardless of appeal status, could increase the number of motions courts must review, potentially leading to more thorough scrutiny of convictions but also increased demands on judicial resources.
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Who cares
Headline styles
Let Courts Fix Bad Defense
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Delivered to senate
- Passed assembly
- Ordered to third reading cal.84
- Returned to assembly
- Died in senate
- Referred to codes
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.384
- Reported
- 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 Bad Lawyering
In Senate Committee · Codes · Sponsor Brian Benjamin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1824
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
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.
LBD04605-01-9
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.