Bill Text: NY A05687 | 2021-2022 | General Assembly | Introduced

New York Assembly Bill 5687 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-01-05 - referred to ways and means [A05687 Detail]

Download: New_York-2021-A05687-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          5687

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 23, 2021
                                       ___________

        Introduced  by  M. of A. CRUZ -- 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.
                                                                   LBD02761-01-1