Bill > S00330

This bill amends the New York Criminal Procedure Law to expand appellate courts' ability to review and modify criminal sentences. Specifically, the bill changes the language from "may" to "shall" in Section 470.15, which means that if an appellate court determines a sentence is illegal, unduly harsh, or severe, it must now modify the judgment by reversing the sentence while keeping the underlying conviction intact. Importantly, the bill also explicitly states that this review can occur even if the defendant previously signed a waiver of appeal, which was previously a potential barrier to sentence review. This change provides greater judicial discretion and potential relief for defendants who receive sentences that are deemed excessively punitive, ensuring that sentencing remains fair and proportionate. The amendment will take effect 60 days after becoming law, giving courts and legal practitioners time to understand and implement the new provision.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S330