S8890 • 2025

Relates to the effect the death of a defendant has on a pending appeal

Active

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

Sponsor: Dean Murray
Last action: 2026-05-18
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.

Relates to the effect the death of a defendant has on a pending appeal

Relates to the effect the death of a defendant has on a pending appeal 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.

What This Bill Does

Relates to the effect the death of a defendant has on a pending appeal 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.

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

2026-05-18 Senate
DEFEATED IN CODES
2026-03-09 Senate
NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
2026-01-13 Senate
REFERRED TO CODES

Official Summary Text

Relates to the effect the death of a defendant has on a pending appeal
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.

Current Bill Text

Read the full stored bill text

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

                                          8890

                                    I N  S E N A T E

                                    January 13, 2026
                                       ___________

        Introduced  by  Sen.  MURRAY -- 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  the  effect
          the death of a defendant has on a pending appeal

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
     2  section 470.65 to be read as follows:
     3  § 470.65 EFFECT OF DEATH OF DEFENDANT.
     4    1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A
     5  DEFENDANT DIES, IRRESPECTIVE OF CAUSE, WHILE A DIRECT APPEAL IS PENDING,
     6  SUCH  APPEAL  SHALL BE DISMISSED PURSUANT TO THIS SECTION, AND THE JUDG-
     7  MENT AGAINST SUCH DEFENDANT AS IMPOSED BY THE TRIAL COURT  SHALL  REMAIN
     8  IN  EFFECT.  IN  SUCH  CASE, WHEN DISMISSING THE APPEAL, THE COURT SHALL
     9  ACKNOWLEDGE IN THE COURT RECORD  THAT  THE  DEFENDANT'S  PRESUMPTION  OF
    10  INNOCENCE WAS REMOVED AS A RESULT OF THE JUDGMENT OF CONVICTION AND SUCH
    11  CONVICTION WAS NEITHER AFFIRMED NOR REVERSED.
    12    2.  WHERE A CONVICTION WAS PREVIOUSLY VACATED AS A RESULT OF THE DEATH
    13  OF A DEFENDANT WHILE AN APPEAL WAS PENDING, THE PEOPLE MAY APPLY TO  THE
    14  APPLICABLE  APPELLATE  DIVISION  TO REINSTATE THE CONVICTION AND DISMISS
    15  THE PREVIOUSLY FILED APPEAL PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
    16  IN SUCH CASE, THE APPLICABLE APPELLATE DIVISION SHALL GRANT THE PEOPLE'S
    17  APPLICATION AND REINSTATE SUCH CONVICTION.
    18    § 2. This act shall take effect immediately; provided,  however,  that
    19  the  provisions  of  section  one  of  this  act  shall  only  apply  to
    20  convictions that were vacated prior to the effective date of this act.



         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14375-01-6