470.45 – Remission of Case by Appellate Court to Criminal Court Upon Reversal or Modification of Judgment; Action by Criminal Court.
§ 470.45 Remission of case by appellate court to criminal court upon reversal or modification of judgment; action by criminal court. Upon reversing or modifying a judgment and directing corrective action, an appellate court must remit the case to the criminal court in which the judgment was entered. Such criminal court must execute the direction […]
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, […]
470.55 – Status of Accusatory Instrument Upon Order of New Trial or Restoration of Action to Pre-Pleading Status.
§ 470.55 Status of accusatory instrument upon order of new trial or restoration of action to pre-pleading status. 1. Upon a new trial of an accusatory instrument resulting from an appellate court order reversing a judgment and ordering such new trial, such accusatory instrument is deemed to contain all the counts and to charge all […]
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 […]
460.80 – Appeal; Argument and Submission Thereof.
§ 460.80 Appeal; argument and submission thereof. The mode of and procedure for arguing or otherwise litigating appeals in criminal cases are determined by rules of the individual appellate courts. Among the matters to be determined by such court rules are the circumstances in which oral argument is required and those in which the case […]
460.90 – Filing of Papers on Appeal to the Appellate Division by Electronic Means.
* § 460.90 Filing of papers on appeal to the appellate division by electronic means. Notwithstanding any other provision of law, the appellate division in each judicial department may promulgate rules authorizing a program in the use of electronic means for the taking and perfection of appeals in accordance with the provisions of section twenty-one […]
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 […]
470.20 – 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 […]