S 329 New York Senate · 2025 Regular Session

Facilitates appellate review of rulings that implicate issues of public concern

This bill (S 329) changes criminal procedure rules to allow defendants to appeal a judge's decision denying a motion to suppress evidence - even if they later enter a guilty plea. It directly affects criminal defendants who want to challenge evidence rulings that may involve issues of public concern. The key provision amends the law to make such denial orders "reviewable upon appeal" from the final conviction, removing a previous barrier that prevented appeals after a guilty plea. This provides a clearer path for defendants to seek appellate review of critical evidence rulings without being barred by their own plea. The change applies to all criminal cases where evidence suppression is contested.
Bill status passed both 4 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2026
Senate Passage
Apr 2026
Assembly Passage
May 2026
Governor
Introduced Jan 8, 2025 Last action May 18, 2026
Maddy AI version diff · 1 comparison

What changed between versions

S329 S329A · 3 edits
MINOR
This bill amends the Criminal Procedure Law to allow defendants who pleaded guilty to appeal specific rulings that affect issues of public concern, even if they previously waived their right to appeal. The change ensures that these appeals are initiated by the defendant rather than the court automatically.
Scope change
The scope of appellate review was expanded to include defendants who have pleaded guilty and waived their appeal rights, provided the case involves issues of public concern.
ELIGIBILITY

The law now explicitly allows appeals to be raised by the defendant, clarifying that a guilty plea and waiver of appeal rights do not block review of public concern issues.

REQUIREMENT

A new requirement was added stating that the appeal must be 'raised by the defendant,' shifting the initiative for the appeal from the court to the individual seeking review.

TECHNICAL

Minor formatting and procedural updates were made to the bill's title, committee assignment, and effective date notation.

Floor votes · Senate May 28, 2025 · Assembly May 18, 2026

How they voted

4021
Passed · 2 other
Total votes 63
May 28, 2025
D Democratic41
40 Yea 1
97% Yea
R Republican22
21 Nay 1
95% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
24
Key actions
4
Committee
5
Amendments
1
May 18, 2026
Lower · Passed
PASSED ASSEMBLY
lower
Apr 22, 2026
Committee
REFERRED TO CODES
lower
Apr 22, 2026
Upper · Passed
PASSED SENATE
upper
Jan 28, 2026
Committee
REPORTED AND COMMITTED TO FINANCE
upper
Jan 7, 2026
Committee
REFERRED TO CODES
upper
May 28, 2025
Committee
REFERRED TO CODES
lower
May 28, 2025
Upper · Passed
PASSED SENATE
upper
May 21, 2025
Upper · Passed
AMENDED 329A
upper
Jan 8, 2025
Committee
REFERRED TO CODES
upper
1 primary · 7 co-sponsors

Sponsors