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 |