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NY S08890

Bill

Status

Introduced

1/13/2026

Primary Sponsor

Dean Murray

Click for details

Origin

Senate

2025-2026 General Assembly

AI Summary

  • Requires dismissal of a criminal appeal when a defendant dies while the appeal is pending, regardless of cause of death, with the trial court's conviction remaining in effect
  • Mandates that court records acknowledge the defendant's presumption of innocence was removed by the conviction, and note the conviction was neither affirmed nor reversed on appeal
  • Allows prosecutors to apply to reinstate convictions that were previously vacated due to a defendant's death during appeal, with appellate divisions required to grant such applications
  • Applies retroactively to convictions that were vacated prior to the effective date of the act
  • Amends New York Criminal Procedure Law by adding new section 470.65

Legislative Description

Provides that if a defendant dies when they have a pending appeal, such appeal shall be dismissed and the trial court's judgment shall remain in effect.

Last Action

NOTICE OF COMMITTEE CONSIDERATION - REQUESTED

3/9/2026

Committee Referrals

Codes1/13/2026

Full Bill Text

No bill text available