New York S 4764: Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing

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S04764 Summary:

BILL NOS04764 

&nbsp

SAME ASSAME AS A03524

&nbsp

SPONSORBAILEY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §380.50, CP L

&nbsp

Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing notwithstanding a defendant signed an otherwise valid waiver of appeal.

Go to top S04764 Actions:

BILL NOS04764 

&nbsp

02/12/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS04764 Committee&nbspVotes:

Go to topS04764 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04764 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4764

 2025-2026 Regular Sessions

 IN SENATE

 February 12, 2025
 ___________

 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 preserving
 the ability to appeal a violation of a defendant's right to make a
 statement personally 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] the defendant's own behalf, and before pronouncing sentence the
 10 court must ask the defendant whether [he or she] the defendant wishes to
 11 make such a statement. A defendant may challenge on appeal, notwith-
 12 standing an otherwise valid waiver of appeal, a violation of the defend-
 13 ant's rights under this 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.
 LBD07247-01-5

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