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NY S09110

Bill

Status

Introduced

4/26/2024

Primary Sponsor

Andrew Gounardes

Click for details

Origin

Senate

2023-2024 General Assembly

AI Summary

  • Shifts burden of proof in harmless error analysis so the party claiming an error was harmless must demonstrate it was harmless beyond a reasonable doubt, rather than the defendant proving harm.

  • Requires appellate courts to consider errors not raised at trial if the defendant asserts the failure to protest resulted from ineffective assistance of counsel or if the error may have contributed to the jury verdict.

  • Mandates appellate courts record the race, ethnicity, national origin, age, and gender identity of appellants when deeming errors to be technical and not affecting substantial rights.

  • Requires the chief administrator to include recorded demographic data in annual reports to the legislature and governor, disaggregated by county, and to publish this information on the office of court administration website in machine-readable format updated yearly.

  • Takes effect immediately and applies to all pending appeals and appeals filed on or after the effective date.

Legislative Description

Relates to the determination of appeals; requires a showing of harmlessness; requires a consideration of all errors or defects regardless of whether they were raised during trial if such error is the result of ineffective assistance of counsel or may have contributed to the verdict.

Last Action

REFERRED TO CODES

4/26/2024

Committee Referrals

Codes4/26/2024

Full Bill Text

No bill text available