S 8890 NY
Relates to the effect the death of a defendant has on a pending appeal
A state bill is a proposed law in a state legislature — separate from the U.S. Congress. Learn more →
Summary
This bill establishes that if a defendant dies while a direct appeal is pending, the appeal shall be dismissed and the trial court's conviction remains in effect. When dismissing such an appeal, the court must record that the defendant's presumption of innocence was removed by conviction, though the conviction was neither affirmed nor reversed. For convictions that were previously vacated due to a defendant's death during an appeal, the bill allows the prosecution to apply to have the conviction reinstated and the appeal dismissed, which the appellate division must grant. The bill takes effect immediately and applies to convictions vacated before the effective date.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
Provides that if a defendant dies when they have a pending appeal, such appeal shall be dismissed and the trial court's judgment shall remain in effect.
Sponsor (1)
- Dean Murray Republican · primary
7 coauthors / cosponsors
- Patricia Canzoneri-Fitzpatrick Republican · cosponsor
- Patrick M. Gallivan Republican · cosponsor
- Pamela Helming Republican · cosponsor
- Jack M. Martins Republican · cosponsor
- Mario Mattera Republican · cosponsor
- Anthony H. Palumbo Republican · cosponsor
- Dan Stec Republican · cosponsor
Action history (3)
- Jan 13, 2026 REFERRED TO CODES · upper
- Mar 9, 2026 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED · upper
- May 18, 2026 DEFEATED IN CODES · upper
Text versions (2)
Full text
Full text imported from assembly.state.ny.us
Skip to main content
New York State Assembly Speaker Carl E. Heastie
--> --> -->
Assembly Members
Legislative Info
Public Hearings
Speaker's Press
Assembly Reports
Committees & More
Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page.
Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S08890 Summary: BILL NO S08890   SAME AS SAME AS A10035
  SPONSOR MURRAY   COSPNSR CANZONERI-FITZPATRICK, GALLIVAN, HELMING, MARTINS, MATTERA, PALUMBO, STEC   MLTSPNSR   Add §470.65, CP L   Provides that if a defendant dies when they have a pending appeal, such appeal shall be dismissed and the trial court's judgment shall remain in effect.
Go to top S08890 Text:
STATE OF NEW YORK ________________________________________________________________________
8890
IN SENATE
January 13, 2026 ___________
Introduced by Sen. MURRAY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the effect the death of a defendant has on a pending appeal
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. The criminal procedure law is amended by adding a new 2 section 470.65 to be read as follows: 3 § 470.65 Effect of death of defendant. 4 1. Notwithstanding any other provision of law to the contrary, where a 5 defendant dies, irrespective of cause, while a direct appeal is pending, 6 such appeal shall be dismissed pursuant to this section, and the judg- 7 ment against such defendant as imposed by the trial court shall remain 8 in effect. In such case, when dismissing the appeal, the court shall 9 acknowledge in the court record that the defendant's presumption of 10 innocence was removed as a result of the judgment of conviction and such 11 conviction was neither affirmed nor reversed. 12 2. Where a conviction was previously vacated as a result of the death 13 of a defendant while an appeal was pending, the people may apply to the 14 applicable appellate division to reinstate the conviction and dismiss 15 the previously filed appeal pursuant to subdivision one of this section. 16 In such case, the applicable appellate division shall grant the people's 17 application and reinstate such conviction. 18 § 2. This act shall take effect immediately; provided, however, that 19 the provisions of section one of this act shall only apply to 20 convictions that were vacated prior to the effective date of this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14375-01-6
Go to top
Sitemap
Request Information
Directions and Maps
Comments
Data from OpenStates. View on OpenStates →
Comments