Bill > A00322

This bill amends the New York criminal procedure law to expand appellate courts' ability to review and modify criminal sentences. Specifically, the bill changes existing law by replacing the word "may" with "shall" in a key section about sentencing appeals, which means that if an appellate court determines a sentence is illegal, unduly harsh, or severe, it will now be required to modify the judgment by reversing the sentence, rather than having the option to do so. Additionally, the bill explicitly states that this review can occur even if there is an existing waiver of appeal, which broadens defendants' potential avenues for challenging their sentences. The modification allows the court to reverse the sentence while keeping the rest of the conviction intact. The bill will take effect 60 days after becoming law, providing a clear timeline for implementation of these new sentencing review provisions.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A322