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A1033Assembly2025-2026 Session

Appeals Go to Higher Court

Official title

“Relates to appellate processes for misdemeanor cases where a term of imprisonment is imposed”

Sponsor Phil SteckAD-110Affects Legal
Status
In Assembly Committee
Codes
Impact
5/10
Moderate
Passage
14%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

The bill requires appeals of misdemeanor cases with jail sentences outside New York City to go directly to the appellate division instead of county court.

Why it matters

  1. Raises the level of review for misdemeanor cases with jail sentences. By sending these appeals directly to the appellate division, the bill ensures that more experienced judges, with broader jurisdiction, will review potentially life-altering convictions, raising the quality and consistency of appellate review.

  2. Potentially speeds up the appeals process. Skipping county courts could reduce delays and redundant hearings, allowing appellants to receive quicker decisions on their cases—critical when someone is serving a jail sentence.

  3. Eliminates regional inconsistencies in appeal routes. The removal of language about appellate terms and county courts standardizes the process across regions outside NYC, meaning defendants in different counties will have equal access to the same appellate forum and standards.

  4. May lead to broader legal precedents. By having appeals go straight to the appellate division, the decisions made could set more widely applicable legal precedents, impacting how misdemeanor cases with jail time are handled throughout the state.

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Who cares

Headline styles

Appeals Go to Higher Court

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Phil Steck

Assembly Member · Assembly District 110

Chair, Alcoholism and Drug Abuse

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1033

2025-2026 Regular Sessions

IN ASSEMBLY

January 8, 2025

Introduced by M. of A. STECK -- 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.

LBD02304-01-5

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.