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Bill > A01510


NY A01510

NY A01510
Establishes a defendant's right to a hearing to present exculpatory evidence regarding involvement in criminal activity.


summary

Introduced
01/11/2021
In Committee
01/05/2022
Crossed Over
Passed
Dead
12/31/2022

Introduced Session

2021-2022 General Assembly

Bill Summary

AN ACT to amend the criminal procedure law, in relation to the defendant's right to a hearing to present exculpatory evidence regarding involvement in criminal activity

AI Summary

This bill amends the New York Criminal Procedure Law to establish a defendant's right to a hearing to present exculpatory evidence regarding their involvement in criminal activity. The key provisions are: (1) The court must inform the defendant of this right upon arraignment if the defendant was arrested as part of a police sweep or raid where multiple suspects were arrested and charged with the same crime. (2) During the hearing, the prosecutor must provide legally sufficient evidence of the defendant's direct or indirect involvement in the alleged offense. (3) The defendant can present proof that they were merely in the wrong place at the wrong time and had no involvement in the alleged criminal activity.

Committee Categories

Housing and Urban Affairs

Sponsors (2)

Last Action

enacting clause stricken (on 04/05/2022)

bill text


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