New York Assembly Bill A10035

New York 2025-2026 Regular Session

• Introduced: 1/30/26
• Refer: 1/30/26

Caption

Relates to the effect the death of a defendant has on a pending appeal

Summary

This bill amends the Criminal Procedure Law to establish a new rule for criminal appeals when a defendant dies while a direct appeal is pending. Under the bill, the pending appeal would be dismissed and the trial court’s judgment of conviction would remain in effect, rather than being vacated because of the defendant’s death. The court would also be required to note in the record that the defendant’s presumption of innocence had already been removed by the conviction, and that the conviction was neither affirmed nor reversed on appeal. The bill also addresses cases in which a conviction was previously vacated solely because the defendant died while the appeal was pending. In those cases, the People may apply to the appropriate Appellate Division to reinstate the conviction, and the court must grant that application and dismiss the appeal under the new rule. The act would take effect immediately, but its reinstatement provision would apply only to convictions vacated before the bill’s effective date.

Impact

The bill would change New York appellate procedure by overriding prior practice that could result in a conviction being vacated upon a defendant’s death during appeal. It would preserve trial-level convictions in those cases, require appellate courts to dismiss the appeal, and create a mechanism to restore convictions that were previously vacated for that reason. The practical effect is to strengthen the finality of criminal convictions and limit the legal consequences of a defendant’s death on unresolved appeals, affecting defendants, prosecutors, and appellate courts.

Sentiment

There is no recorded committee transcript or vote history provided, so no formal debate or measured vote sentiment is available. Based on the bill text alone, the measure appears to reflect a pro-prosecution, finality-oriented policy choice, likely appealing to those concerned with preserving convictions after death. At the same time, it may raise concerns among criminal defense advocates and civil liberties supporters because it eliminates the possibility that a conviction will be vacated when appellate review is cut short by death.

Contention

The main point of contention is likely the treatment of convictions when a defendant dies before appellate review is complete. Supporters would likely argue that a conviction should remain intact once entered by the trial court and that death should not erase the judgment. Opponents may argue that dismissing the appeal while leaving the conviction in place denies meaningful appellate review and can be unfair where the conviction was never affirmed. The retroactive reinstatement provision may also be controversial because it authorizes the People to revive convictions previously vacated under the old rule.