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NY S04192
Bill
Status
2/3/2025
Primary Sponsor
Andrew Gounardes
Click for details
AI Summary
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Shifts the burden of proof in criminal appeals so the party claiming an error was harmless must demonstrate it was harmless beyond a reasonable doubt
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Requires appellate courts to consider all errors or defects in the interest of justice, even if not objected to at trial, when the defendant claims ineffective assistance of counsel or the error may have contributed to the jury verdict
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Mandates appellate courts record demographic data (race, ethnicity, national origin, age, gender identity) of appellants when errors are deemed technical and not affecting substantial rights
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Requires the chief administrator of the courts to include this demographic data in annual reports to the legislature and governor, disaggregated by county, and post it publicly online in machine-readable format
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Applies immediately to all pending appeals and all appeals filed 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
1/7/2026