BILL NUMBER: S4764
SPONSOR: BAILEY
 
TITLE OF BILL:
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
 
PURPOSE:
To ensure that a defendant retains their right to speak to the court at
sentencing.
 
SUMMARY OF PROVISIONS:
The bill amends section 380.50 of the criminal procedure law to state
that a defendant may appeal a violation of his or her rights under this
subdivision despite the presence of a signed appeal waiver.
 
JUSTIFICATION:
On May 6, 2021, the New York State Court of Appeals, in a very short
memorandum decision concerning a criminal case, affirmed an Appellate
Division order holding that the defendant in that case was not entitled
to challenge the denial of his right to speak at sentencing (see People
v. Brown, decided May 6, 2021). The basis for this decision was that the
defendant's claim under criminal procedure law 380.50 was not reviewable
on account that the defendant had waived his right to appeal when taking
a guilty plea. The dissent in that case noted that the right of allocu-
tion is longstanding in New York, and that a defendant in a criminal
case ought to have an opportunity to address the court at sentencing to
give them an opportunity to speak on their own behalf. The dissent's
position is consistent with the plain text of criminal procedure law
380.50, which unequivocally states that a court "must ask the defendant
whether he or she wishes to make such a statement." The purpose of this
bill is to ensure that a defendant's rights under criminal procedure law
380.50 are preserved.
 
FISCAL IMPACT:
To be determined.
 
LEGISLATIVE HISTORY:
2021-22: Referred to Codes
2023-24: Committed to Rules
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S4764: 380.50 criminal procedure law, 380.50(1) criminal procedure law