Bill Text: NY A02653 | 2021-2022 | General Assembly | Introduced

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Bill Title: Permits the court to grant post-conviction motions to vacate a judgment when the issue raised upon such motion is ineffective assistance of counsel in certain cases in which the court would otherwise be required to deny the motion.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2021-10-25 - signed chap.501 [A02653 Detail]

Download: New_York-2021-A02653-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2653

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 19, 2021
                                       ___________

        Introduced  by  M.  of A. LAVINE, GOTTFRIED -- read once and referred to
          the Committee on Codes

        AN ACT to amend the criminal procedure law, in  relation  to  claims  of
          ineffective assistance of counsel in post-conviction motions

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (b) and (c) of subdivision 2 of  section  440.10
     2  of  the  criminal procedure law, paragraph (b) as amended by chapter 332
     3  of the laws of 2010, are amended to read as follows:
     4    (b) The judgment is, at the time of the motion, appealable or  pending
     5  on appeal, and sufficient facts appear on the record with respect to the
     6  ground or issue raised upon the motion to permit adequate review thereof
     7  upon such an appeal unless the issue raised upon such motion is ineffec-
     8  tive  assistance of counsel.  This paragraph shall not apply to a motion
     9  under paragraph (i) of subdivision one of this section; or
    10    (c)  Although sufficient facts appear on the record of the proceedings
    11  underlying the judgment to have permitted, upon appeal from  such  judg-
    12  ment,  adequate review of the ground or issue raised upon the motion, no
    13  such appellate review or determination occurred owing to the defendant's
    14  unjustifiable failure to take or perfect an appeal during the prescribed
    15  period or to his or her unjustifiable failure to raise  such  ground  or
    16  issue  upon  an appeal actually perfected by him or her unless the issue
    17  raised upon such motion is ineffective assistance of counsel; or
    18    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04946-01-1