2013 New York Consolidated Laws
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title M - PROCEEDINGS AFTER JUDGMENT
Article 470 - (470.05 - 470.60) APPEALS--DETERMINATION THEREOF
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 or proceeding is
  presented when a protest thereto was registered, by the  party  claiming
  error,  at  the  time of such ruling or instruction or at any subsequent
  time when the court had an opportunity of effectively changing the same.
  Such protest need not be in the form of an "exception" but is sufficient
  if the party made his position with respect to the ruling or instruction
  known to the court, or if in reponse to a protest by a party, the  court
  expressly  decided  the question raised on appeal.  In addition, a party
  who  without  success  has  either  expressly  or  impliedly  sought  or
  requested  a particular ruling or instruction, is deemed to have thereby
  protested the court's ultimate disposition of the matter or  failure  to
  rule  or  instruct  accordingly  sufficiently to raise a question of law
  with respect to such disposition or failure regardless  of  whether  any
  actual protest thereto was registered.