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NY S04764
Bill
Status
2/12/2025
Primary Sponsor
Jamaal Bailey
Click for details
AI Summary
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Amends Criminal Procedure Law section 380.50 to explicitly allow defendants to challenge on appeal any violation of their right to make a personal statement at sentencing, even if they signed a valid waiver of appeal
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Preserves the existing requirement that courts must ask defendants whether they wish to make a statement in their own behalf before pronouncing sentence
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Updates gendered language in the statute from "his or her" and "he or she" to gender-neutral terms ("the defendant's" and "the defendant")
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Takes effect immediately upon passage
Legislative Description
Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing notwithstanding a defendant signed an otherwise valid waiver of appeal.
Last Action
REFERRED TO CODES
1/7/2026