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Criminal Courts

Actual Innocence Claims

Report by the Criminal Justice Operations and Criminal Courts Committees in support of amending the Criminal Procedure Law §440 to provide for Actual Innocence Claims, February 2012.

  • 44th Street Blog: "Criminal Justice — by Samuel W. Seymour" - March 19, 2012

Bail Payments

Proposal by the Criminal Courts Committee to expand the permissable forms of bail payment to include credit cards, March 2011.


Ineffective Assistance to Counsel

A.2442 (AM Lavine) / S.42 (Sen. Peralta) - Permits the court to grant post-conviction motions to vacate a judgment when the issue raised upon such motion is ineffective assistance of counsel.

  • Report in support of legislation by the Committee on Criminal Justice Operations, Reissued April 2013.
  • Supplemental report in support of legislation by the Committee on Criminal Justice Operations, Reissued April 2013.
  • Letter to bill sponsors expressing the City Bar's support for legislation, April 21, 2011.

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Report by the Criminal Justice Operations and Criminal Courts Committees on the codification of claims of ineffective assistance of counsel on appeal, February 2012.

  • 44th Street Blog: "Criminal Justice — by Samuel W. Seymour" - March 19, 2012

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S.4472 (Sen. Nozzolio) - amend the criminal procedure law, in relation to providing a statutory basis to vacate a judgment of conviction on the ground of ineffective assistance of appellate counsel.

  • Report in support of legislation with suggested modifications by the Committee on Criminal Courts and the Committee on Criminal Justice Operations, May 2011.

Immigration Detainers

Int. 0982-2012 - A Local Law to amend the administrative code of the city of New York, in relation to persons not to be detained.
Int. 0989-2012 - A Local Law to amend the administrative code of the city of New York, in relation to persons not to be detained by the Department of Correction.

  • Letter to the New York City Council from the Criminal Courts, Civil Rights, Corrections & Community Reentry, Domestic Violence , and Immigration & Nationality Law Committees regarding the City’s collaboration with U.S. Immigration and Customs Enforcement (“ICE”) with respect to the holding of immigrant New Yorkers subject to ICE detainers, January 9, 2013.
  • Testimony before the New York City Council Committee on Immigration on Int. 982 and Int. 989, January 25, 2013.
  • Both bills signed into law by the Mayor - March 18, 2013

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Int. 0656-2011 - a local law to amend the administrative code of the city of New York, in relation to persons not to be detained.

  • Report in support of legislation by the Committee on Corrections and Community Reentry, Committee on Criminal Courts and the Committee on Immigration & Nationality Law, September 2011.
  • Testimony before the New York City Council's Immigration Committee, October 3, 2011.
  • Signed into law by the Mayor - November 22, 2011

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Proposal by the the Committee on Corrections and Community Reentry, Committee on Criminal Courts and the Committee on Immigration & Nationality Law to limit collaboration between the New York City Department of Corrections and U.S. Immigration and Customs Enforcement, February 2011.


Probation Sentences

A.4582-B (AM O'Donnell) / S.4664-A (Sen. Golden) - would amend the penal law to change mandatory terms of probation to discretionary terms and eliminate the requirement of pre-sentence investigations in limited circumstances.

  • Report in support of legislation by the Criminal Courts and the Corrections and Community Reentry Committee, Updated May 2013.
  • Signed by the Governor, Chp. 556, Approval Memo .18 - January 10, 2014

Prosecutorial Disclosure

Report from the Criminal Courts Committee and the Criminal Justice Operations Committee recommending the adoption of a law or court rule requiring prosecutors to provide a written checklist to defense counsel that details information disclosed pursuant to Brady v. Maryland, July 2011.


Sex Offenders

A.4591-A (AM O'Donnell) / S.3138-A (Sen. Krueger) - would require the Board of Examiners of Sex Offenders to consult a “validated risk instrument” when making its recommendation to courts regarding the appropriate risk level of a sex offender.

  • Report in support of legislation by the Criminal Courts, Criminal Justice Operations and Correction and Community Reentry Committees, Reissued June 2014.

Sex Trafficking

Recommendations from the Criminal Courts Committee and Sex & Law Committee to enhance Criminal Procedure Law § 440.10(1)(i), regarding the vacatur of prostitution and trafficking-related convictions for victims of sex trafficking, May 2013.


Violent Felony Offenders

A.9019 (AM Gabryszak) / S.3645-C (Sen. Griffo) - Enacts "Brittany's Law" requiring registration of violent felony offenders.

  • Report in opposition to legislation by the Criminal Courts Committee  and Corrections and Community Reentry Committee, March 2012.

Wrongful Convictions

Proposed amendment to § 8-b of the Court of Claims Act (the "Unjust Conviction and Imprisonment Act") by the Corrections and Community Reentry Committee and Criminal Courts Committee, June 2013.

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Combating wrongful convictions in New York

 

 

For a full list of committee reports, click here.

 


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