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 […]
450.80 – Appeal by People Directly to Court of Appeals; in What Cases Authorized.
§ 450.80 Appeal by people directly to court of appeals; in what cases authorized. An appeal directly to the court of appeals may be taken as of right by the people from the following orders of a superior court: 1. An order, entered pursuant to section 440.10, vacating a judgment including a sentence of death; […]
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 […]