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
470.20 - 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 error or defect  which  is
  the subject of the reversal or modification and to protect the rights of
  the  respondent.    The  particular  corrective  action  to  be taken or
  directed is governed in part by the following rules:
    1.  Upon a reversal of a judgment after  trial  for  error  or  defect
  which  resulted  in prejudice to the defendant or deprived him of a fair
  trial, the court must, whether such reversal be  on  the  law  or  as  a
  matter  of  discretion  in the interest of justice, order a new trial of
  the accusatory instrument and remit the case to the criminal  court  for
  such action.
    2.   Upon a reversal of a judgment after trial for legal insufficiency
  of trial evidence, the court must dismiss the accusatory instrument.
    3.    Upon  a  modification  of  a  judgment  after  trial  for  legal
  insufficiency  of trial evidence with respect to one or more but not all
  of the offenses of which the defendant was  convicted,  the  court  must
  dismiss  the  count or counts of the accusatory instrument determined to
  be legally unsupported and must otherwise affirm the judgment.  In  such
  case,  it  must  either reduce the total sentence to that imposed by the
  criminal court upon the counts with respect to  which  the  judgment  is
  affirmed  or  remit  the case to the criminal court for re-sentence upon
  such counts; provided that nothing contained in this paragraph precludes
  further sentence reduction in the  exercise  of  the  appellate  court's
  discretion pursuant to subdivision six.
    4.    Upon  a  modification  of a judgment after trial which reduces a
  conviction of a crime to one for a lesser included  offense,  the  court
  must  remit  the  case  to  the criminal court with a direction that the
  latter sentence the defendant accordingly.
    5.  Upon a reversal or modification of a judgment after trial upon the
  ground that the verdict, either in its entirety or  with  respect  to  a
  particular count or counts, is against the weight of the trial evidence,
  the court must dismiss the accusatory instrument or any reversed count.
    6.    Upon modifying a judgment or reversing a sentence as a matter of
  discretion in the interest of justice upon the ground that the  sentence
  is  unduly  harsh  or  severe, the court must itself impose some legally
  authorized lesser sentence.