Bill Text: NY A01469 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 1469 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the criminal procedure law, in relation to authorizing an application for permission to appeal to the court of appeals from an order of the appellate division concerning a change of venue

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2010-01-06 - ordered to third reading cal.124 [A01469 Detail]

Download: New_York-2009-A01469-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1469
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. WRIGHT, JEFFRIES, POWELL -- Multi-Sponsored by --
         M. of A. FARRELL -- read once and referred to the Committee on Codes
       AN  ACT  to amend the criminal procedure law, in relation to authorizing
         an application for permission to appeal to the court of  appeals  from
         an order of the appellate division concerning a change of venue
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 230.20 of the criminal procedure law is amended  by
    2  adding a new subdivision 5 to read as follows:
    3    5.  ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE DIVISION CONCERN-
    4  ING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION  MAY  SEEK
    5  LEAVE  TO  APPEAL  FROM  SUCH ORDER TO THE COURT OF APPEALS, PURSUANT TO
    6  SUBDIVISION THREE OF SECTION 450.90 OF THIS CHAPTER.
    7    S 2. Section 450.90 of the criminal procedure law is amended by adding
    8  a new subdivision 3 to read as follows:
    9    3. PROVIDED THAT A CERTIFICATE GRANTING  LEAVE  TO  APPEAL  IS  ISSUED
   10  PURSUANT  TO  SECTION  460.20 OF THIS CHAPTER, AN APPEAL MAY BE TAKEN TO
   11  THE COURT OF APPEALS BY ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE
   12  DIVISION CONCERNING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF SECTION
   13  230.20 OF THIS CHAPTER. UPON THE REQUEST OF EITHER  PARTY,  THE  HEARING
   14  AND  DETERMINATION  OF  AN  APPEAL  GRANTED PURSUANT TO THIS SUBDIVISION
   15  SHALL BE CONDUCTED IN AN EXPEDITIOUS MANNER. THE CHIEF ADMINISTRATOR  OF
   16  THE  COURTS,  WITH THE ADVICE AND CONSENT OF THE ADMINISTRATIVE BOARD OF
   17  THE COURTS, SHALL ADOPT RULES FOR THE EXPEDITIOUS BRIEFING, HEARING  AND
   18  DETERMINATION OF SUCH APPEALS.
   19    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00234-01-9