Bill > S08890

This bill amends the criminal procedure law to establish that if a defendant dies while a direct appeal of their conviction is pending, the appeal will be dismissed, and the original judgment from the trial court will remain in effect, meaning the conviction stands. The court will note in its records that the defendant's presumption of innocence was removed by the conviction, but the conviction was neither upheld nor overturned. Additionally, if a conviction was previously dismissed because the defendant died while an appeal was pending, the prosecution can ask the appellate court to reinstate the conviction and dismiss the appeal under these new rules. This change applies to convictions that were vacated before the bill becomes law.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S8890