What's happening
This bill allows criminal defendants in New York to appeal certain post-conviction orders as a right, rather than by permission.
Why it matters
Expands access to appellate review for defendants. By making appeals of certain post-conviction orders a right (rather than requiring permission), more defendants will have a guaranteed opportunity to challenge denials of motions to vacate a conviction or set aside a sentence, potentially leading to greater judicial oversight of possible errors or injustices in lower courts.
Reduces procedural barriers. Defendants previously needed to obtain a certificate granting leave (permission) to appeal these specific post-conviction orders. The bill eliminates this additional procedural hurdle, which can sometimes be hard to clear, especially for those without strong legal representation.
Could impact wrongful conviction and sentencing reform efforts. Easier access to appellate courts for post-conviction motions may help individuals raise claims of innocence, constitutional violations, or excessive sentencing, which aligns with broader criminal justice reform goals of reducing wrongful convictions and ensuring fair punishment.
May increase workload for appellate courts. By permitting more appeals as of right in post-conviction matters, the legislation could lead to a higher volume of cases for intermediate appellate courts, potentially affecting court resources and timelines.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Criminal defendants
Defendants denied motions to vacate judgments or set aside sentences, other than those involving death sentences, would gain appeals as of right rather than needing permission to appeal.
Criminal defense attorneys
Lawyers handling these post-conviction challenges would no longer need to obtain certificates granting leave to appeal the denials.
Intermediate appellate courts
These courts would hear appeals from the specified denials as of right, without the existing leave-to-appeal requirement.
District attorneys
Prosecutors would face appeals from these post-conviction denials without defendants first having to secure permission to appeal.
Headline styles
Expand Criminal Appeal Rights
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7636
IN SENATE
February 3, 2020
Introduced by Sen. HOYLMAN -- 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 appeals to an intermediate appellate court by right by a criminal defendant
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 450.15 of the criminal procedure law, as amended by chapter 671 of the laws of 1984, is amended to read as follows: § 450.15 Appeal by defendant to intermediate appellate court; in what
cases authorized by permission.
If an appeal by defendant is not authorized as of right pursuant to section 450.10 of this article, the defendant may appeal from the following [orders] order of a criminal court, provided that a certificate granting leave to appeal is issued pursuant to section 460.15 of this title:
[1. An order denying a motion, made pursuant to section 440.10, to vacate a judgment other than one including a sentence of death;
2. An order denying a motion by the defendant made pursuant to section 440.20, to set aside a sentence other than one of death;
3. A] a sentence which is not otherwise appealable as of right pursuant to subdivision one or two of section 450.10 of this article.
§ 2. Section 450.10 of the criminal procedure law is amended by adding two new subdivisions 6 and 7 to read as follows:
6. An order denying a motion, made pursuant to section 440.10 of this title, to vacate a judgment other than one including a sentence of death.
7. An order denying a motion by the defendant made pursuant to section 440.20 of this title, to set aside a sentence other than one of death.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14983-01-0
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 appeals to an intermediate appellate court by right by a criminal defendant
Purpose or general idea of bill
To allow criminal defendants to appeal, as of right, (1) an order deny- ing a motion made pursuant to section 440.10 of the Criminal Procedure Law to vacate a judgment, and (2) an order denying a motion made pursu- ant to section 440.20 of the Criminal Procedure Law to set aside a sentence.
Summary of specific provisions
Section 1 of the bill amends section 450.15 of the criminal procedure law ("Appeal by defendant to intermediate appellate court; in what cases authorized by permission") to repeal subdivisions 1 and 2 (orders deny- ing a motion to vacate a judgment or set aside a sentence other than one of death).
Section 2 of the bill amends section 450.10 of the criminal procedure law ("Appeal by defendant to intermediate appellate court; in what cases authorized as of right") to add as new subdivisions 6 and 7 the two subdivisions repealed from section 450.15 by section 1 of this bill.
Section 3 of the bill is the effective date.
Justification
New York's Criminal Procedure Law provides convicted criminal defendants with the ability to vacate a judgment of conviction for a variety of reasons, from lack of jurisdiction to newly-discovered evidence (CPL Section 440.10). Another provision of the Criminal Procedure Law (CPL Section 440.20) allows a convicted defendant to move to set aside a judgment on the grounds that it was unauthorized, illegally imposed or otherwise invalid as a matter of law. Both of these provisions provide critical opportunities for wrongfully-convicted defendants to correct a miscarriage of justice.
Under current law, if a section 440.10 or 440.20 motion is denied by the court, a defendant can only appeal that denial if the defendant obtains a certificate granting leave to appeal, pursuant to section 460.15 of the Criminal Procedure Law. The discretion to grant a 460.15 certificate is solely in the hands of a single intermediate appellate judge. If the section 440.10 or 440.20 motion is granted, however, the People have the ability to appeal the order to vacate or set aside the sentence as of right under Criminal Procedure Law section 450.20.
This legislation would put the state and criminal defendants on equal footing by making defendants' right to appeal adverse 440.10 and 440.20 decisions consistent with the right afforded to the People
Legislative history
None, new bill.
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.