A3524 • 2025

Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing

Crime

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Rodneyse Bichotte Hermelyn
Last action: 2026-05-12
Official status: In Senate Committee
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing

Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing 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.

What This Bill Does

Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing 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.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-05-12 Assembly
PASSED ASSEMBLY
2026-05-12 Assembly
DELIVERED TO SENATE
2026-05-12 Senate
REFERRED TO CODES
2026-03-12 Assembly
ADVANCED TO THIRD READING CAL.289
2026-03-10 Assembly
REPORTED
2026-01-07 Assembly
REFERRED TO CODES
2025-01-28 Assembly
REFERRED TO CODES

Official Summary Text

Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing
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.

Current Bill Text

Read the full stored bill text

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          3524

                               2025-2026 Regular Sessions

                                  I N  A S S E M B L Y

                                    January 28, 2025
                                       ___________

        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred 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