Bill Text: NY A05596 | 2009-2010 | General Assembly | Introduced

---

Bill Title: An act to amend the criminal procedure law, in relation to corrective remedies PURPOSE OR GENERAL IDEA OF BILL : To require that a criminal defendant demonstrate a substantial right has been affected before he/she is entitled to any corrective remedy for a discovery violation by the prosecutor.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A05596 Detail]

Download: New_York-2009-A05596-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5596
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2009
                                      ___________
       Introduced  by  M. of A. OAKS, FINCH, KOLB, WALKER -- Multi-Sponsored by
         -- M. of A. ALFANO, BARRA, CALHOUN, CROUCH, ERRIGO, JORDAN, McDONOUGH,
         TOWNSEND -- read once and referred to the Committee on Codes
       AN ACT to amend the criminal procedure law, in  relation  to  corrective
         remedies
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
    2  section 240.46 to read as follows:
    3  S 240.46 CORRECTIVE REMEDIES.
    4    A  VIOLATION  OF SECTION 240.44 OR SECTION 240.45 WILL ENTITLE A PARTY
    5  TO A CORRECTIVE REMEDY UNDER SUBDIVISION ONE OF SECTION 240.70  ONLY  IF
    6  THE  PARTY'S  SUBSTANTIAL  RIGHTS  ARE  AFFECTED, AND ONLY TO THE EXTENT
    7  REQUIRED TO CURE THE PREJUDICE TO THOSE RIGHTS. A COURT  SHALL  NOT  SET
    8  ASIDE  A  CONVICTION,  OR  REVERSE OR MODIFY A JUDGMENT, ON ACCOUNT OF A
    9  VIOLATION OF SECTION 240.45 UNLESS THE DEFENDANT DEMONSTRATES  THAT  HIS
   10  OR HER SUBSTANTIAL RIGHTS ARE AFFECTED.
   11    S 2. This act shall take effect on the first of November next succeed-
   12  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06387-01-9