What's happening
This bill requires appeals of misdemeanor cases with jail sentences outside New York City to go directly to the appellate division, not county court.
Why it matters
Streamlines the appeals process for serious misdemeanor cases. by sending them directly to the higher appellate division, which may result in more consistent and sophisticated legal review of jail sentences.
Eliminates potential delays and extra steps. previously caused by routing appeals through county courts or special appellate terms, potentially leading to faster resolution for defendants facing incarceration.
Removes flexibility for appellate division to transfer cases. to intermediate appellate terms or county courts, reducing local variation and possibly creating a more uniform appeals process across counties outside New York City.
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Who cares
Headline styles
Appeals Move to Higher Court
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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.
Appeal Misdemeanor Jail Sentences
In Assembly Committee · Codes · Sponsor Phil Steck
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7041
IN SENATE (Prefiled)
January 8, 2020
Introduced by Sen. SANDERS -- 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 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.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to appellate processes for misdemeanor cases where a term of imprisonment is imposed
Purpose or general idea of bill
The bill changes the procedure for appealing misdemeanor convictions where a jail sentence is imposed.
Summary of provisions
The bill allows a defendant to appeal a misdemeanor conviction to the Appellate Division where a sentence of jail is imposed. Under current law, only an appeal to County Court is allowed.
Justification
The sad fact in this State is that under current law a misdemeanant has no right of appeal to any appellate court but can only appeal to the County Court. The County Court is a busy trial court and was not set up to function as an appellate court. Moreover, there are numerous County Courts throughout the State while there are only four Appellate Divi- sions. The possibility of inconsistent adjudications is great when so many courts review misdemeanor appeals. Providing for true appellate review will make the treatment of defendants across the State more consistent. The right of appeal is limited to cases where a jail sentence is imposed so as not to unduly increase the appellate docket and to assure that the right of appeal is provided when the prejudice to the defendant from an erroneous ruling in the lower court is greatest.
Legislative history
2014
2015/16
2017/18
Fiscal implications
None.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.