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S7548

Challenging Wrongful Conviction Act; an act to amend the Criminal Procedure Law — 2023-06-08 · Calendar #1790

The New York State Senate passed the Challenging Wrongful Conviction Act on a 41-21 vote, legislation sponsored by Sen. Myrie that would allow individuals who pleaded guilty to prove their innocence and challenge wrongful convictions. The bill addresses what Myrie called a critical flaw in New York's criminal justice system: the state has the third-highest number of wrongful convictions in the nation, and 98 percent of cases are resolved through guilty pleas rather than trial, leaving innocent people with no legal mechanism to prove innocence. Myrie cited the Exonerated 5, formerly known as the Central Park 5, as a prominent example of innocent people who pleaded guilty to crimes they did not commit. Sen. Jackson voiced strong support, referencing recent cases where Manhattan DA Alvin Bragg's wrongful conviction unit released approximately 200 people due to police misconduct. Jackson also noted that some individuals plead guilty out of economic desperation to support their families rather than actual guilt. The bill takes effect 60 days after becoming law and now heads to the Governor's desk. Twenty-one senators voted against the measure.
PASSED Ayes: 41 · Nays: 21

Debate Summary

Sen. Myrie argued the bill addresses New York's third-highest wrongful conviction rate by allowing those who pleaded guilty to prove innocence, noting 98 percent of cases are resolved by guilty plea rather than trial. He cited the Exonerated 5 and constituent Roger Clark as examples of innocent people with no legal mechanism to prove innocence. Sen. Jackson supported the bill, referencing recent cases where DA Alvin Bragg's wrongful conviction unit released approximately 200 people due to police misconduct, and noting people sometimes plead guilty out of economic desperation rather than guilt.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Jackson aye Democrat
Myrie aye Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Rolison nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican