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
40–21
Passed · 2 other
Total votes 63
May 28, 2025
D
Democratic41
97% Yea
R
Republican22
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
Role
Legislator
Party
State
District
P
Jamaal Bailey
DDemocratic/Working Families
Co
Brad Hoylman-Sigal
DDemocratic/Working Families
Co
Gustavo Rivera
DDemocratic/Working Families
Co
Jabari Brisport
DDemocratic/Working Families
Co
Julia Salazar
DDemocratic/Working Families
Co
Leroy Comrie
DDemocratic
Co
Liz Krueger
DDemocratic/Working Families
Co
Zellnor Myrie
DDemocratic
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