Bill > A10035

This bill proposes to amend the criminal procedure law by adding a new section that addresses what happens when a defendant dies while their appeal is still being considered by a higher court. Specifically, if a defendant dies, regardless of the cause, while a direct appeal is pending, the appeal will be dismissed, and the original judgment of conviction from the trial court will remain in effect. The court will note in its records that the defendant's presumption of innocence was removed by the trial court's judgment, and that this judgment was neither upheld nor overturned. Furthermore, if a conviction was previously overturned because the defendant died during an appeal, this bill allows the prosecution to ask the relevant appellate court to reinstate the conviction and dismiss the appeal, which the court would then grant. This change is intended to take effect immediately, with the provisions regarding reinstating vacated convictions applying only to those that were vacated before the bill becomes law.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A10035