S 329 NY
Facilitates appellate review of rulings that implicate issues of public concern
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Summary
This bill modifies the criminal procedure law to make appellate review of orders denying motions to suppress evidence mandatory rather than discretionary. The bill ensures that defendants can appeal suppression rulings even when their conviction is based on a guilty plea or when they have otherwise waived their right to appeal. The bill takes effect 60 days after enactment.
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
Relates to facilitating appellate review of rulings that implicate issues of public concern.
Sponsor (1)
- Jamaal Bailey Democratic · primary
7 coauthors / cosponsors
- Jabari Brisport Democratic · cosponsor
- Leroy Comrie Democratic · cosponsor
- Brad Hoylman-Sigal · cosponsor
- Liz Krueger Democratic · cosponsor
- Zellnor Myrie Democratic · cosponsor
- Gustavo Rivera Democratic · cosponsor
- Julia Salazar Democratic · cosponsor
Action history (24)
- Jan 8, 2025 REFERRED TO CODES · upper
- May 20, 2025 1ST REPORT CAL.1245 · upper
- May 21, 2025 AMENDED 329A · upper
- May 21, 2025 2ND REPORT CAL. · upper
- May 22, 2025 ADVANCED TO THIRD READING · upper
- May 28, 2025 PASSED SENATE · upper
- May 28, 2025 DELIVERED TO ASSEMBLY · upper
- May 28, 2025 REFERRED TO CODES · lower
- Jun 11, 2025 SUBSTITUTED FOR A673A · lower
- Jun 11, 2025 ORDERED TO THIRD READING RULES CAL.598 · lower
- Jan 7, 2026 DIED IN ASSEMBLY · lower
- Jan 7, 2026 RETURNED TO SENATE · lower
- Jan 7, 2026 REFERRED TO CODES · upper
- Jan 28, 2026 REPORTED AND COMMITTED TO FINANCE · upper
- Mar 24, 2026 1ST REPORT CAL.587 · upper
- Mar 25, 2026 2ND REPORT CAL. · upper
- Mar 26, 2026 ADVANCED TO THIRD READING · upper
- Apr 22, 2026 PASSED SENATE · upper
- Apr 22, 2026 DELIVERED TO ASSEMBLY · upper
- Apr 22, 2026 REFERRED TO CODES · lower
- May 18, 2026 SUBSTITUTED FOR A673A · lower
- May 18, 2026 ORDERED TO THIRD READING CAL.24 · lower
- May 18, 2026 PASSED ASSEMBLY · lower
- May 18, 2026 RETURNED TO SENATE · lower
Text versions (3)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S00329 Summary: BILL NO S00329A   SAME AS SAME AS A00673-A
  SPONSOR BAILEY   COSPNSR BRISPORT, COMRIE, HOYLMAN-SIGAL, KRUEGER, MYRIE, RIVERA, SALAZAR   MLTSPNSR   Amd 710.70, CP L   Relates to facilitating appellate review of rulings that implicate issues of public concern.
Go to top S00329 Text:
STATE OF NEW YORK ________________________________________________________________________
329--A Cal. No. 1245
2025-2026 Regular Sessions
IN SENATE
(Prefiled)
January 8, 2025 ___________
Introduced by Sens. BAILEY, BRISPORT, COMRIE, HOYLMAN-SIGAL, KRUEGER, MYRIE, RIVERA, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favora- bly from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report
AN ACT to amend the criminal procedure law, in relation to facilitating appellate review of rulings that implicate issues of public concern
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. Subdivision 2 of section 710.70 of the criminal procedure 2 law is amended to read as follows: 3 2. An order finally denying a motion to suppress evidence [ may ] shall 4 be [ reviewed ] reviewable upon an appeal raised by the defendant from an 5 ensuing judgment of conviction notwithstanding the fact that such judg- 6 ment is entered upon a plea of guilty and not withstanding an otherwise 7 enforceable waiver of the right to appeal . 8 § 2. This act shall take effect on the sixtieth day after it shall 9 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00202-04-5
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