470.10 – Determination of Appeals; Definitions of Terms.
§ 470.10 Determination of appeals; definitions of terms. The following definitions are applicable to this article: 1. “Reversal” by an appellate court of a judgment, sentence or order of another court means the vacating of such judgment, sentence or order. 2. “Modification” by an appellate court of a judgment or order of another court means […]
470.15 – Determination of Appeals by Intermediate Appellate Courts; Scope of Review.
§ 470.15 Determination of appeals by intermediate appellate courts; scope of review. 1. Upon an appeal to an intermediate appellate court from a judgment, sentence or order of a criminal court, such intermediate appellate court may consider and determine any question of law or issue of fact involving error or defect in the criminal court […]
470.20 – Determination of Appeals by Intermediate Appellate Courts; Corrective Action Upon Reversal or Modification.
§ 470.20 Determination of appeals by intermediate appellate courts; corrective action upon reversal or modification. Upon reversing or modifying a judgment, sentence or order of a criminal court, an intermediate appellate court must take or direct such corrective action as is necessary and appropriate both to rectify any injustice to the appellant resulting from the […]
470.25 – Determination of Appeals by Intermediate Appellate Courts; Form and Content of Order.
§ 470.25 Determination of appeals by intermediate appellate courts; form and content of order. 1. An order of an intermediate appellate court which affirms a judgment, sentence or order of a criminal court need only state such affirmance. 2. An order of an intermediate appellate court which reverses or modifies a judgment, sentence or order […]
450.90 – Appeal to Court of Appeals From Order of Intermediate Appellate Court; in What Cases Authorized.
§ 450.90 Appeal to court of appeals from order of intermediate appellate court; in what cases authorized. 1. Provided that a certificate granting leave to appeal is issued pursuant to section 460.20, an appeal may, except as provided in subdivision two, be taken to the court of appeals by either the defendant or the people […]
460.10 – Appeal; How Taken.
§ 460.10 Appeal; how taken. 1. Except as provided in subdivisions two and three, an appeal taken as of right to an intermediate appellate court or directly to the court of appeals from a judgment, sentence or order of a criminal court is taken as follows: (a) A party seeking to appeal from a judgment […]
460.15 – Certificate Granting Leave to Appeal to Intermediate Appellate Court.
§ 460.15. Certificate granting leave to appeal to intermediate appellate court. 1. A certificate granting leave to appeal to an intermediate appellate court is an order of one judge or justice of the intermediate appellate court to which the appeal is sought to be taken granting such permission and certifying that the case involves questions […]
460.20 – Certificate Granting Leave to Appeal to Court of Appeals.
§ 460.20 Certificate granting leave to appeal to court of appeals. 1. A certificate granting leave to appeal to the court of appeals from an order of an intermediate appellate court is an order of a judge granting such permission and certifying that the case involves a question of law which ought to be reviewed […]
460.30 – Extension of Time for Taking Appeal.
§ 460.30 Extension of time for taking appeal. 1. Upon motion to an intermediate appellate court of a defendant who desires to take an appeal to such court from a judgment, sentence or order of a criminal court but has failed to file a notice of appeal, an application for leave to appeal, or, as […]
460.40 – Effect of Taking of Appeal Upon Judgment or Order of Courts Below; When Stayed.
§ 460.40 Effect of taking of appeal upon judgment or order of courts below; when stayed. 1. The taking of an appeal by the defendant directly to the court of appeals, pursuant to subdivision one of section 450.70, from a superior court judgment including a sentence of death stays the execution of such sentence. Except […]