STATE OF NEW YORK
        ________________________________________________________________________

                                          2411

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 20, 2023
                                       ___________

        Introduced  by  Sen.  BAILEY -- 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  preserving
          the  ability  to  appeal  a violation of a defendant's right to make a
          statement personally in his or her own behalf at sentencing

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

     1    Section  1.  Subdivision 1 of section 380.50 of the criminal procedure
     2  law, as amended by chapter 307 of the laws of 1992, is amended  to  read
     3  as follows:
     4    1.  At  the  time  of  pronouncing sentence, the court must accord the
     5  prosecutor an opportunity to make a statement with respect to any matter
     6  relevant to the question of sentence. The court must then accord counsel
     7  for the defendant an opportunity to speak on behalf  of  the  defendant.
     8  The  defendant  also has the right to make a statement personally in his
     9  or her own behalf, and before pronouncing sentence the  court  must  ask
    10  the  defendant  whether  he  or  she  wishes to make such a statement. A
    11  defendant may challenge on appeal, notwithstanding  an  otherwise  valid
    12  waiver  of  appeal,  a  violation  of  the defendant's rights under this
    13  subdivision.
    14    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05639-01-3