Bill > S00329

This bill amends the New York Criminal Procedure Law to expand defendants' rights to appeal rulings that deny motions to suppress evidence. Currently, defendants might be restricted from challenging such rulings, especially after pleading guilty or waiving their right to appeal. The proposed change mandates that an order denying a motion to suppress evidence can be reviewed upon appeal from a subsequent conviction, even if the defendant entered a guilty plea and previously waived their appeal rights. This modification is significant because it ensures that defendants can still challenge potentially improper evidence seizures, which could have fundamental implications for the fairness of criminal proceedings. By changing "may" to "shall" and adding language about reviewability, the bill strengthens defendants' procedural protections and provides a more robust mechanism for addressing potential legal errors in evidence handling. The bill will take effect 60 days after becoming law, giving courts and legal practitioners time to understand and implement the new provisions.

Budget and Finance, Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S329