Bill Text: NY A00153 | 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 4-0)

Status: (Introduced) 2024-01-03 - referred to codes [A00153 Detail]

Download: New_York-2023-A00153-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           153

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  M. of A. CRUZ, L. ROSENTHAL, MEEKS, JACKSON -- read once
          and referred 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