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
470.55 - 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  the offenses which it contained and charged at the time the
  previous trial was  commenced,  regardless  of  whether  any  count  was
  dismissed  by  the  court  in the course of such trial, except (a) those
  upon or of which the defendant was acquitted  or  deemed  to  have  been
  acquitted,  and  (b)  those  dismissed  upon  appeal  or upon some other
  post-judgment order.
    2.  Upon an appellate court order which reverses a judgment based upon
  a plea of guilty to an accusatory instrument  or  a  part  thereof,  but
  which  does  not  dismiss the entire accusatory instrument, the criminal
  action is, in the absence of express appellate court  direction  to  the
  contrary,  restored  to  its  pre-pleading  status  and  the  accusatory
  instrument is deemed to contain all the counts and  to  charge  all  the
  offenses  which it contained and charged at the time of the entry of the
  plea,  except  those  dismissed  upon  appeal   or   upon   some   other
  post-judgment order.  Where the plea of guilty was entered and accepted,
  pursuant to subdivision three of section 220.30, upon the condition that
  it  constituted  a  complete  disposition  and dismissal not only of the
  accusatory instrument underlying the judgment reversed but also  of  one
  or  more other accusatory instruments against the defendant then pending
  in the same court, the appellate  court  order  of  reversal  completely
  restores  such  other  accusatory instruments; and such is the case even
  where the order of reversal dismisses the entire  accusatory  instrument
  underlying the judgment reversed.