Bill Text: NY S05069 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to procedures for taking an appeal from a court that is not designated a court of record.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-06-07 - SUBSTITUTED BY A7446 [S05069 Detail]

Download: New_York-2017-S05069-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          5069
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 6, 2017
                                       ___________
        Introduced  by Sen. LANZA -- (at request of the Office of Court Adminis-
          tration) -- 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 procedures
          for taking an appeal from a court that is not designated  a  court  of
          record
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision 3 of  section  460.10  of  the
     2  criminal  procedure law, as added by chapter 671 of the laws of 1971, is
     3  amended to read as follows:
     4    (a)  Within thirty days after entry or imposition in such local crimi-
     5  nal court of the judgment, sentence or order being appealed, the  appel-
     6  lant  must  file  with  such  court  either  (i) an affidavit of errors,
     7  setting forth alleged errors or defects in the proceedings which are the
     8  subjects of the appeal, or (ii) a notice of appeal.  Where a  notice  of
     9  appeal  is  filed,  the  appellant  must  serve  a copy thereof upon the
    10  respondent in the manner provided in paragraphs (b) and (c) of  subdivi-
    11  sion one, and, within [thirty] sixty days after [the filing thereof] the
    12  appellant   receives   a   transcript  of  the  electronically  recorded
    13  proceedings, must file with such court an affidavit of errors.
    14    § 2. Subdivision 1 of section 460.70 of the criminal procedure law, as
    15  amended by chapter 83 of the  laws  of  1995,  is  amended  to  read  as
    16  follows:
    17    1.  Except  as  provided  in subdivision two, the mode of and time for
    18  perfecting an appeal which has been taken to an  intermediate  appellate
    19  court from a judgement, sentence or order of a criminal court are deter-
    20  mined by rules of the appellate division of the department in which such
    21  appellate  court  is located. Among the matters to be determined by such
    22  court rules are the times when  the  appeal  must  be  noticed  for  and
    23  brought  to  argument, the content and form of the records and briefs to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09909-01-7
        S. 5069                             2
     1  be served and filed, and the time when such records and briefs  must  be
     2  served and filed.
     3    When  an  appeal is taken by a defendant pursuant to section 450.10, a
     4  transcript shall be prepared and settled and shall  be  filed  with  the
     5  criminal   court   by   the   court  reporter.  Electronically  recorded
     6  proceedings that were not recorded by  a  stenographer  shall  be  tran-
     7  scribed  and filed with the court as directed by the chief administrator
     8  of the courts. The expense for such transcript and any reproduced copies
     9  of such transcript shall be paid by the defendant. Where  the  defendant
    10  is  granted  permission  to  proceed  as  a poor person by the appellate
    11  court, the court reporter shall promptly make and file with the criminal
    12  court a transcript of the stenographic minutes of  such  proceedings  as
    13  the  appellate  court  shall  direct. The expense of transcripts and any
    14  reproduced copies of transcripts prepared for poor  persons  under  this
    15  section shall be a state charge payable out of funds appropriated to the
    16  office  of  court  administration  for that purpose. The appellate court
    17  shall where such is necessary for perfection of the appeal,  order  that
    18  the  criminal  court furnish a reproduced copy of such transcript to the
    19  defendant or his counsel.
    20    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    21  have become a law.