A09117 Summary:
BILL NO | A09117 |
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SAME AS | SAME AS S08688 |
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SPONSOR | Cruz |
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COSPNSR | Bores, Rosenthal L, Kelles, Jackson |
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MLTSPNSR | |
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Amd §710.70, CP L | |
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Relates to facilitating appellate review of rulings that implicate issues of public concern. |
A09117 Actions:
BILL NO | A09117 | |||||||||||||||||||||||||||||||||||||||||||||||||
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02/07/2024 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
02/13/2024 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
02/15/2024 | advanced to third reading cal.321 |
A09117 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A9117 SPONSOR: Cruz
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to facilitating appellate review of rulings that implicate issues of public concern   PURPOSE OR GENERAL IDEA OF BILL: The purpose of the Act is to require the court to review a denial of a motion to suppress evidence on appeal. By ensuring that a court review such denials, the legislative intent of section 710.70 will be furthered, and defendants can properly challenge the validity of an order denying their motion. Additionally, such review of an order deny- ing a motion to suppress evidence will take place regardless of whether a defendant waives their right to appeal on that issue.   SUMMARY OF SPECIFIC PROVISIONS: Section (1) amends CPL 710.70 by replacing the term "may" with "shall" and allows an appellate review of an order finally denying a motion to suppress evidence, regardless of a defendant's waiver of their right to appeal. Section (2) provides that this act will take effect sixteen days after becoming law.   JUSTIFICATION: The purpose of the proposed amendment is to further the legislative intent of section 710.70. Currently, the law gives defendants little recourse to challenge a final order denying a motion to suppress evidence when a plea bargain is accepted. Defendants traditionally face additional hardships during criminal proceedings such as false confessions, unreliable identification proce- dures, stop and frisk, racial profiling, and police perjury. Given the prioritization of judicial efficiency, defendants are put at a disadvan- tage and are often at the mercy of the judicial system. By providing defendants with an additional level of review on crucial orders regard- ing the suppression of evidence, the rights of a defendant can be enforced properly under this section.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law.
A09117 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 9117 IN ASSEMBLY February 7, 2024 ___________ Introduced by M. of A. CRUZ, BORES, L. ROSENTHAL, KELLES, JACKSON -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to facilitating appellate review of rulings that implicate issues of public concern The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 710.70 of the criminal procedure 2 law is amended to read as follows: 3 2. An order finally denying a motion to suppress evidence [may] shall 4 be reviewed upon an appeal from an ensuing judgment of conviction 5 notwithstanding the fact that such judgment is entered upon a plea of 6 guilty and not withstanding an otherwise enforceable waiver of the right 7 to appeal. 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. LBD02005-01-3