S 4764: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 4764 2025-2026 Regular Sessions  IN SENATE February 12, 2025 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to preserving the ability to appeal a violation of a defendant's right to make a statement personally at sentencing The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 380.50 of the criminal procedure 2 law, as amended by chapter 307 of the laws of 1992, is amended to read 3 as follows: 4 1. At the time of pronouncing sentence, the court must accord the 5 prosecutor an opportunity to make a statement with respect to any matter 6 relevant to the question of sentence. The court must then accord counsel 7 for the defendant an opportunity to speak on behalf of the defendant. 8 The defendant also has the right to make a statement personally in [his 9 or her] the defendant's own behalf, and before pronouncing sentence the 10 court must ask the defendant whether [he or she] the defendant wishes to 11 make such a statement. A defendant may challenge on appeal, notwith- 12 standing an otherwise valid waiver of appeal, a violation of the defend- 13 ant's rights under this subdivision. 14 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07247-01-5