Bill > A03524

This bill amends the New York Criminal Procedure Law to clarify and preserve a defendant's right to make a personal statement during sentencing and ensure they can challenge any violation of this right, even if they have previously signed a waiver of appeal. Specifically, the bill updates the language in section 380.50 to use gender-neutral terminology (replacing "he or she" with "the defendant") and adds a crucial provision that allows defendants to appeal a violation of their sentencing statement right, regardless of having signed an otherwise valid appeal waiver. This means that if a court fails to provide a defendant the opportunity to make a personal statement before sentencing or improperly prevents them from speaking, the defendant can still challenge this procedural error on appeal. The amendment strengthens defendants' procedural rights by ensuring they have a meaningful opportunity to speak on their own behalf during sentencing and can seek recourse if this right is infringed upon. The bill takes effect immediately upon enactment.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A3524