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
470.25 - Determination of appeals by intermediate appellate courts; form and content of order.


NY Crim Pro L § 470.25 (2012) What's This?
 
  §  470.25    Determination  of appeals by intermediate appellate courts;
               form and content of order.
    1.   An order of an  intermediate  appellate  court  which  affirms  a
  judgment,  sentence  or  order  of a criminal court need only state such
  affirmance.
    2.  An order of an intermediate  appellate  court  which  reverses  or
  modifies  a judgment, sentence or order of a criminal court must contain
  the following:
    (a)  A statement of whether the determination was upon the law or upon
  the facts or as a matter of discretion in the interest  of  justice,  or
  upon any specified two or all three of such bases; and
    (b)  If the decision is rendered without opinion, a brief statement of
  the specific grounds of the reversal or modification; and
    (c)    A  statement  of the corrective action taken or directed by the
  court; and
    (d)  If the determination is exclusively upon the law, a statement  of
  whether  or  not  the  facts  upon  which the criminal court's judgment,
  sentence or order is based have been considered and determined  to  have
  been  established.    In the absence of such a statement, it is presumed
  that the intermediate appellate court  did  not  consider  or  make  any
  determination with respect to such facts.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.