Bill Text: NY S00042 | 2013-2014 | General Assembly | Introduced

---

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 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S00042 Detail]

Download: New_York-2013-S00042-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          42
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. PERALTA -- 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  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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00347-01-3