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Bill

A 3524

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

2025 Regular Session Introduced by Rodneyse Bichotte Hermelyn and 3 co-sponsors

Allows appeals when a defendant's right to allocution at sentencing is violated, protecting the chance to speak and enabling review/remand for improper curtailment.

REFERRED TO CODES
0
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Bill Summary · A 3524

Summary of Assembly Bill A 3524

Overview

Bill A 3524 seeks to preserve and clarify the ability to appeal when a defendant’s right to personally address the court at sentencing (allocution) is violated. The title indicates the measure is aimed at ensuring that violations of a defendant’s right to speak at sentencing remain appealable.

What the bill would do

  • Establish or reaffirm that a defendant can appeal a sentencing proceeding if the court violates the defendant’s right to allocution.
  • Ensure that a defendant’s opportunity to personally state statements at sentencing is protected and subject to appellate review if denied or impeded.
  • Provide a mechanism for reviewing claims that the defendant was not allowed to speak or that the opportunity to speak was improperly curtailed during sentencing.

Note: The specific statutory language and any procedural standards (e.g., limitations, requirements for preservation of the claim, or timeline) are not provided in the summary you shared. The description above reflects the bill’s stated aim as indicated by the title.

Who is affected

  • Defendants in New York State criminal cases who seek to challenge a sentencing proceeding on the grounds that they were not allowed to speak personally at sentencing.
  • Trial courts, which would need to ensure compliance with allocution rights.
  • Appellate courts, which would hear and decide appeals alleging allocution violations.

Procedural and timeline aspects

  • Status: Referred to the Codes Committee.
  • Introduced: January 28, 2025.
  • Legislative actions listed: two identical entries for “REFERRED TO CODES” on January 28, 2025.
  • No further actions (e.g., passage by committee, floor votes, or enactment) are indicated in the provided information.

Sponsors and related bills

  • Primary sponsor: Rodneyse Bichotte Hermelyn.
  • Co-sponsors: Kwani O’Pharrow, Larinda Hooks, Yudelka Tapia.
  • Related/companion/previous-session bills: S 6858 (prior-session), A 10363 (prior-session), S 4764 (companion) listed (the duplication likely reflects companion status across chambers or versions).

Potential impact

  • Strengthens procedural protections around the right to allocution at sentencing.
  • Could affect the likelihood of remand or resentencing if allocution rights were violated.
  • May influence appellate strategy for defendants and require clearer guidelines for courts on allowing personal statements at sentencing.

If you’d like, I can add a brief comparison to existing allocution provisions in New York law or summarize any related bills (S 4764, S 6858, A 10363) to provide context.

Compiled from official sources — confirm details with the bill’s official record.

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