Bill Text: NY S00938 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enables appellate review of the fairness and appropriateness of an imposed criminal sentence.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S00938 Detail]

Download: New_York-2023-S00938-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           938

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 9, 2023
                                       ___________

        Introduced  by  Sens. BAILEY, BRISPORT, HOYLMAN, KRUEGER, MYRIE, RIVERA,
          SALAZAR -- 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 enabling
          appellate review of the fairness and  appropriateness  of  an  imposed
          sentence

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

     1    Section 1. Paragraph (c) of subdivision 2 of  section  470.15  of  the
     2  criminal procedure law is amended to read as follows:
     3    (c)  Upon  a  determination  that  a  sentence  imposed  upon  a valid
     4  conviction is illegal or unduly harsh or severe, the court [may]  shall,
     5  notwithstanding  an  otherwise  enforceable waiver of appeal, modify the
     6  judgment by reversing it with respect to the sentence and  by  otherwise
     7  affirming it.
     8    §  2.  This  act  shall take effect on the sixtieth day after it shall
     9  have become a law.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02004-01-3