Bill Text: NY A04280 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to appellate processes for misdemeanor cases where a term of imprisonment is imposed; provides that if appeal is taken from a sentence of imprisonment, the appeal must be taken to the appellate division of the department in which such judgment, sentence or order was entered.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A04280 Detail]

Download: New_York-2023-A04280-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4280

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        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  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 3 of section 450.60 of the criminal procedure
     2  law is amended to read as follows:
     3    3.  An appeal from a judgment, sentence or order of a  local  criminal
     4  court  located  outside  of  New  York  City  must,  except as otherwise
     5  provided in this subdivision, be taken to the county court of the county
     6  in which such judgment, sentence or order was entered.  Provided, howev-
     7  er, that, in the event such appeal is taken from a sentence of imprison-
     8  ment, such appeal must be taken to the appellate division of the depart-
     9  ment in which such judgment, sentence or order was entered.
    10    [If the appellate division of the second, third or  fourth  department
    11  has  established  an appellate term of the supreme court for its depart-
    12  ment, it may direct that appeals  from  such  judgments,  sentences  and
    13  orders  of  such local criminal courts, or of particular classifications
    14  of such local criminal courts, be taken to such appellate  term  of  the
    15  supreme  court  instead of to the county court; and in such case such an
    16  appeal must be so taken.]
    17    § 2.  This act shall take effect on  the  one  hundred  eightieth  day
    18  after it shall have become a law.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05475-01-3