What's happening
This bill requires appeals of misdemeanor cases with jail sentences from local courts outside New York City to go directly to the appellate division.
Why it matters
Streamlines appeals for jail sentences. By sending appeals of misdemeanor convictions with jail time directly to the appellate division, the bill could result in faster and potentially more consistent review of these serious local court decisions.
Reduces reliance on county courts. The change removes county courts and certain appellate terms from the appeals process for these cases, which may help avoid local biases and create a more uniform standard for appellate review across different regions.
Potentially raises the stakes of first-level appeals. Because the appellate division is a higher court with more resources and broader authority, defendants and prosecutors may need to prepare more thoroughly for appeals, affecting the legal strategy and possibly the outcome.
Could impact court workloads and efficiency. Shifting these appeals to the appellate division may increase the workload for those courts, but could also relieve pressure on county courts and streamline the appeals process for cases involving incarceration.
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Who cares
Defendants appealing imprisonment sentences outside New York City
The bill would send their appeals from local criminal courts to the appellate division rather than county court.
Appellate division justices
They would hear appeals from imprisonment sentences imposed by local criminal courts outside New York City.
County courts
They would remain the default venue for other local criminal court appeals outside New York City but would no longer hear appeals from imprisonment sentences.
Appellate terms of Supreme Court
The bill would remove the authority for the second, third and fourth departments to direct local criminal court appeals outside New York City to appellate terms instead of county courts.
Headline styles
Appeal Misdemeanor Jail Sentences
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- 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.
Appeals Move to Higher Court
In Senate Committee · Codes · Sponsor James Sanders Jr.
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
345
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. STECK, GOTTFRIED -- 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.
LBD03517-01-9
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.