STATE OF NEW YORK ________________________________________________________________________ 7505 2023-2024 Regular Sessions IN SENATE June 1, 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 making tech- nical corrections regarding the unlawful possession and sale of canna- bis The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (ii) of paragraph (b) of subdivision 2 of 2 section 440.46-a of the criminal procedure law, as added by chapter 92 3 of the laws of 2021, is amended to read as follows: 4 (ii) If the petition meets the criteria in subparagraph [(i)] (ii) of 5 paragraph (a) of this subdivision, the court after affording the parties 6 an opportunity to be heard and present evidence, may substitute, unless 7 it is not in the interests of justice to do so, a conviction for an 8 appropriate lesser offense under article two hundred twenty-two of the 9 penal law. 10 § 2. This act shall take effect immediately, and shall be deemed to 11 have been in full force and effect on and after March 31, 2021. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11702-01-3