What's happening
This bill requires appellate courts to modify sentences deemed illegal or unduly harsh, even if the defendant waived their right to appeal.
Why it matters
Expands appellate oversight of sentencing. The bill explicitly requires appellate courts to intervene and modify sentences they find to be illegal or excessively harsh, rather than leaving it to their discretion. This could lead to more sentences being reviewed and potentially reduced.
Overrides appeal waivers. Even if a defendant has signed a waiver forfeiting their right to appeal (common in plea deals), the new law compels courts to still review and correct unjust sentences. This change closes a loophole that sometimes left defendants without recourse.
Promotes fairness and consistency. By mandating sentence review regardless of waivers, the legislation aims to reduce disparities and errors in sentencing, ensuring that all convictions are subject to the same judicial standards, which may especially benefit vulnerable or less-informed defendants.
May impact plea bargaining practices. Since appeal waivers are often used as leverage in plea negotiations, making them less absolute could shift how prosecutors and defense attorneys approach deals, potentially empowering defendants in the process.
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Who cares
People appealing criminal sentences
The bill would require sentence relief when an appellate court finds a sentence illegal or unduly harsh or severe, even with an otherwise enforceable appeal waiver.
Criminal defense attorneys
The bill would allow them to pursue relief from qualifying sentences notwithstanding their clients’ otherwise enforceable appeal waivers.
Appellate courts
The bill would require them to reverse the sentencing portion of a judgment upon such a finding while otherwise affirming it.
Prosecutors
Otherwise enforceable appeal waivers would not prevent appellate sentence relief when a court finds a sentence illegal or unduly harsh or severe.
Headline styles
Allow Sentence Appeals
Plain English, a few words. Used as the page title.
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 Assembly Committee · Codes · Sponsor Catalina Cruz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
330
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. BAILEY, BRISPORT, HOYLMAN-SIGAL, KRUEGER, MYRIE, RIVERA, SALAZAR -- 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 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.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to enabling appellate review of the fairness and appropriateness of an imposed sentence
Purpose of bill
The purpose of the Act is to require the court to modify sentences that are determined to be illegal or unduly harsh or severe. The proposed bill would secure the right of a defendant to seek out a remedy to unjust sentences. By requiring courts to modify sentences that are found to be unjustified, the legislative intent of section 470.15 can be enforced.
Summary of specific provisions
Section (1) amends CPL 470.15 by replacing the term "may" with "shall" and adding a provision allowing for modification of an illegal or unduly harsh or severe sentence regardless of whether an enforceable waiver of appeal exists.
Section (2) provides that this act will take effect on the sixtieth day after it shall have become a law.
Justification
The purpose of the proposed amendment is to further the legislative intent of section 470.15. In the current system, defendants are often forced to waive their rights to an appeal order obtain a plea bargain. When disadvantaged defendants are provided such an opportunity, public policy concerns are often neglected in furtherance of expedited proceedings and less severe punishments. Given the inability for the plea-bargaining system to regulate itself, defendants are provided little alternative to receive a plea without waiving their rights to challenge crucial errors in their sentencing. This legislation would make it possible for courts to review the terms of the defendant's agreement and must affirm or modify the sentence.
Prior legislative history
2023-24: S938 Referred to Codes
Fiscal implications
To be determined.
Effective date
This act shall take effect on the sixtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.