Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing

• Democratic1

◆ The sponsor's argument

Why Jamaal Bailey says this is needed

On May 6, 2021, the New York State Court of Appeals, in a very short memorandum decision concerning a criminal case, affirmed an Appellate Division order holding that the defendant in that case was not entitled to challenge the denial of his right to speak at sentencing (see People v. Brown, decided May 6, 2021). The basis for this decision was that the defendant's claim under criminal procedure law 380.50 was not reviewable on account that the defendant had waived his right to appeal when taking a guilty plea. The dissent in that case noted that the right of allocu- tion is longstanding in New York, and that a defendant in a criminal case ought to have an opportunity to address the court at sentencing to give them an opportunity to speak on their own behalf. The dissent's position is consistent with the plain text of criminal procedure law 380.50, which unequivocally states that a court "must ask the defendant whether he or she wishes to make such a statement." The purpose of this bill is to ensure that a defendant's rights under criminal procedure law 380.50 are preserved. FISCAL IMPACT: To be determined.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.