What's happening
This bill requires appellate courts to modify unduly harsh or illegal sentences, even if the defendant waived their right to appeal.
Why it matters
Strengthens protections against unjust sentencing. by requiring appellate courts to correct sentences that are illegal or excessively harsh, making judicial review of sentences more robust.
Overrides waiver-of-appeal agreements. even if a defendant has signed away their right to appeal as part of a plea deal, the courts must still act to fix sentences that violate fairness or legality.
Could affect plea bargaining practices. by reducing the finality of waivers often used in negotiations, potentially influencing how prosecutors and defense attorneys approach sentencing agreements.
Promotes uniformity and accountability in sentencing. across New York by ensuring that all sentences, regardless of procedural waivers, are subject to higher court scrutiny for fairness and legality.
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Who cares
Headline styles
Allow Sentence Appeals
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
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.
Allow Sentence Appeals
In Senate Committee · Codes · Sponsor Jamaal Bailey
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
322
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. CRUZ, MEEKS, ROSENTHAL, JACKSON -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to enabling appellate review of the fairness and appropriateness of an imposed sentence
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 2 of section 470.15 of the criminal procedure law is amended to read as follows:
(c) Upon a determination that a sentence imposed upon a valid conviction is illegal or unduly harsh or severe, the court [may] shall, notwithstanding an otherwise enforceable waiver of appeal, modify the judgment by reversing it with respect to the sentence and by otherwise affirming it.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00163-01-5
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.