New York S08890 amends the criminal procedure law to dismiss pending appeals and maintain trial court judgments when a defendant dies.

New York S08890 amends the criminal procedure law by adding a new section 470.65, which states that if a defendant dies while a direct appeal is pending, the appeal will be dismissed and the trial court's judgment will remain 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 during an appeal, the people may apply to the applicable appellate division to reinstate the conviction and dismiss the appeal.

New York S08890 amends the criminal procedure law to dismiss pending appeals and maintain trial court judgments when a defendant dies.

New York S08890 amends the criminal procedure law by adding a new section 470.65, which states that if a defendant dies while a direct appeal is pending, the appeal will be dismissed and the trial court's judgment will remain 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 during an appeal, the people may apply to the applicable appellate division to reinstate the conviction and dismiss the appeal.