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
