New York A10035: Dismisses pending appeal and keeps trial court judgment if defendant dies.
New York A10035 amends the criminal procedure law to address the effect of a defendant's death on a pending appeal. If a defendant dies while an appeal is pending, the appeal is dismissed, and the trial court's judgment remains in effect. The court must acknowledge in the record that the defendant's presumption of innocence was removed due to the conviction, which was neither affirmed nor reversed. If a conviction was previously vacated due to the defendant's death, the people may apply to the applicable appellate division to reinstate the conviction and dismiss the appeal.
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