Bill Text: NY A07446 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to procedures for taking an appeal from a court that is not designated a court of record.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-08-21 - signed chap.195 [A07446 Detail]

Download: New_York-2017-A07446-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7446
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     April 25, 2017
                                       ___________
        Introduced  by  M.  of A. BRINDISI -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Codes
        AN ACT to amend the criminal procedure law, in  relation  to  procedures
          for  taking  an  appeal from a court that is not designated a court of
          record
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (a)  of subdivision 3 of section 460.10 of the
     2  criminal procedure law, as added by chapter 671 of the laws of 1971,  is
     3  amended to read as follows:
     4    (a)  Within thirty days after entry or imposition in such local crimi-
     5  nal  court of the judgment, sentence or order being appealed, the appel-
     6  lant must file with such  court  either  (i)  an  affidavit  of  errors,
     7  setting forth alleged errors or defects in the proceedings which are the
     8  subjects  of  the appeal, or (ii) a notice of appeal.  Where a notice of
     9  appeal is filed, the appellant  must  serve  a  copy  thereof  upon  the
    10  respondent  in the manner provided in paragraphs (b) and (c) of subdivi-
    11  sion one, and, within [thirty] sixty days after [the filing thereof] the
    12  appellant  receives  a  transcript  of   the   electronically   recorded
    13  proceedings, must file with such court an affidavit of errors.
    14    § 2. Subdivision 1 of section 460.70 of the criminal procedure law, as
    15  amended  by  chapter  83  of  the  laws  of  1995, is amended to read as
    16  follows:
    17    1. Except as provided in subdivision two, the mode  of  and  time  for
    18  perfecting  an  appeal which has been taken to an intermediate appellate
    19  court from a judgement, sentence or order of a criminal court are deter-
    20  mined by rules of the appellate division of the department in which such
    21  appellate court is located. Among the matters to be determined  by  such
    22  court  rules  are  the  times  when  the  appeal must be noticed for and
    23  brought to argument, the content and form of the records and  briefs  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09909-01-7
        A. 7446                             2
     1  be  served  and filed, and the time when such records and briefs must be
     2  served and filed.
     3    When  an  appeal is taken by a defendant pursuant to section 450.10, a
     4  transcript shall be prepared and settled and shall  be  filed  with  the
     5  criminal   court   by   the   court  reporter.  Electronically  recorded
     6  proceedings that were not recorded by  a  stenographer  shall  be  tran-
     7  scribed  and filed with the court as directed by the chief administrator
     8  of the courts. The expense for such transcript and any reproduced copies
     9  of such transcript shall be paid by the defendant. Where  the  defendant
    10  is  granted  permission  to  proceed  as  a poor person by the appellate
    11  court, the court reporter shall promptly make and file with the criminal
    12  court a transcript of the stenographic minutes of  such  proceedings  as
    13  the  appellate  court  shall  direct. The expense of transcripts and any
    14  reproduced copies of transcripts prepared for poor  persons  under  this
    15  section shall be a state charge payable out of funds appropriated to the
    16  office  of  court  administration  for that purpose. The appellate court
    17  shall where such is necessary for perfection of the appeal,  order  that
    18  the  criminal  court furnish a reproduced copy of such transcript to the
    19  defendant or his counsel.
    20    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    21  have become a law.