A 1033: Relates to appellate processes for misdemeanor cases where a term of imprisonment is imposed; provides that if appeal is taken from a sentence of imprisonment, the appeal must be taken to the appellate division of the department in which such judgment, sentence or order was entered.
The bill proposes to amend the criminal procedure law to change the appellate process for misdemeanor cases where a term of imprisonment is imposed. An appeal from a local court outside of New York City must be taken to the county court in which the judgment, sentence, or order was entered. However, if the appeal is related to a sentence of imprisonment, it must be taken to the appellate division of the department in which the judgment, sentence, or order was entered. The bill also allows the appellate division to direct appeals to be taken to a supreme court appellate term instead of the county court in certain circumstances. The changes will take effect 180 days after the bill becomes a law.
| Jan. 07, 2026 | referred to codes |
| Jan. 08, 2025 | referred to codes |
STATE OF NEW YORK ________________________________________________________________________ 1033 2025-2026 Regular Sessions IN ASSEMBLY January 8, 2025 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to appellate processes for misdemeanor cases where a term of imprisonment is imposed The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 450.60 of the criminal procedure 2 law is amended to read as follows: 3 3. An appeal from a judgment, sentence or order of a local criminal 4 court located outside of New York City must, except as otherwise 5 provided in this subdivision, be taken to the county court of the county 6 in which such judgment, sentence or order was entered. Provided, howev- 7 er, that, in the event such appeal is taken from a sentence of imprison- 8 ment, such appeal must be taken to the appellate division of the depart- 9 ment in which such judgment, sentence or order was entered. 10 [If the appellate division of the second, third or fourth department11has established an appellate term of the supreme court for its depart-12ment, it may direct that appeals from such judgments, sentences and13orders of such local criminal courts, or of particular classifications14of such local criminal courts, be taken to such appellate term of the15supreme court instead of to the county court; and in such case such an16appeal must be so taken.] 17 § 2. This act shall take effect on the one hundred eightieth day 18 after it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02304-01-5