New York A 10035: Relates to the effect the death of a defendant has on a pending appeal

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A10035 Summary:

BILL NOA10035 

&nbsp

SAME ASSAME AS S08890

&nbsp

SPONSORDeStefano

&nbsp

COSPNSRDurso, Brown E, Manktelow, Gallahan, Simpson, McDonough, Norber, Brown K, Sempolinski, Gandolfo, Ra

&nbsp

MLTSPNSR

&nbsp

Add §470.65, CP L

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Provides that if a defendant dies when they have a pending appeal, such appeal shall be dismissed and the trial court's judgment shall remain in effect.

Go to top A10035 Actions:

BILL NOA10035 

&nbsp

01/30/2026referred to codes

Go to topA10035 Committee&nbspVotes:

Go to topA10035 Floor&nbspVotes:

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

Go to topA10035 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10035

 IN ASSEMBLY

 January 30, 2026
 ___________

 Introduced by M. of A. DeSTEFANO -- read once and referred to the
 Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to the effect
 the death of a defendant has on a pending appeal

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The criminal procedure law is amended by adding a new
 2 section 470.65 to be read as follows:
 3 § 470.65 Effect of death of defendant.
 4 1. Notwithstanding any other provision of law to the contrary, where a
 5 defendant dies, irrespective of cause, while a direct appeal is pending,
 6 such appeal shall be dismissed pursuant to this section, and the judg-
 7 ment against such defendant as imposed by the trial court shall remain
 8 in effect. In such case, when dismissing the appeal, the court shall
 9 acknowledge in the court record that the defendant's presumption of
 10 innocence was removed as a result of the judgment of conviction and such
 11 conviction was neither affirmed nor reversed.
 12 2. Where a conviction was previously vacated as a result of the death
 13 of a defendant while an appeal was pending, the people may apply to the
 14 applicable appellate division to reinstate the conviction and dismiss
 15 the previously filed appeal pursuant to subdivision one of this section.
 16 In such case, the applicable appellate division shall grant the people's
 17 application and reinstate such conviction.
 18 § 2. This act shall take effect immediately; provided, however, that
 19 the provisions of section one of this act shall only apply to
 20 convictions that were vacated prior to the effective date of this act.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14375-01-6

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