US Lawyer Database

470.50 – Reargument of Appeal; Motion and Criteria For.

§ 470.50 Reargument of appeal; motion and criteria for. 1. After its determination of an appeal taken pursuant to article four hundred fifty, an appellate court, in the interest of justice and for good cause shown, may in its discretion, upon motion of a party adversely affected by its determination, or upon its own motion, […]

470.60 – Dismissal of Appeal.

§ 470.60 Dismissal of appeal. 1. At any time after an appeal has been taken and before determination thereof, the appellate court in which such appeal is pending may, upon motion of the respondent or upon its own motion, dismiss such appeal upon the ground of mootness, lack of jurisdiction to determine it, failure of […]

470.05 – Determination of Appeals; General Criteria.

§ 470.05 Determination of appeals; general criteria. 1. An appellate court must determine an appeal without regard to technical errors or defects which do not affect the substantial rights of the parties. 2. For purposes of appeal, a question of law with respect to a ruling or instruction of a criminal court during a trial […]

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 […]

470.30 – Determination by Court of Appeals of Appeals Taken Directly Thereto From Judgments and Orders of Criminal Courts.

§ 470.30 Determination by court of appeals of appeals taken directly thereto from judgments and orders of criminal courts. 1. Wherever appropriate, the rules set forth in sections 470.15 and 470.20, governing the consideration and determination by intermediate appellate courts of appeals thereto from judgments and orders of criminal courts, and prescribing their scope of […]