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NY A11123
Bill
Status
5/18/2010
Primary Sponsor
Charles Lavine
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AI Summary
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Adds forensic DNA test results as grounds to vacate judgments based on guilty pleas if evidence was unavailable before the plea and creates probability the plea would not have been entered, with requirement to pursue motion with due diligence
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Allows courts to vacate convictions or order new trials when newly discovered forensic DNA evidence creates reasonable possibility a verdict would have been more favorable, or to modify judgments by reducing conviction to lesser offense with defendant's consent
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Permits defendants who pleaded guilty to seek DNA testing and vacate convictions, explicitly stating a guilty plea shall not bar the testing request or result in denial of the motion to vacate
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Requires courts to consider newly developed DNA tests and technological advances when determining whether to grant DNA testing requests, and directs prosecutors and government agencies to provide information and assistance in locating physical evidence that may be subjected to DNA testing
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Effective immediately upon enactment
Legislative Description
Permits the admission of new forensic DNA evidence to vacate a judgment in certain circumstances.
Last Action
reported referred to rules
6/21/2010