New York Assembly Bill A10363 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 10363  IN ASSEMBLY May 21, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Bichotte Hermelyn) -- read once and referred 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