2006 New York Code - 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  or  a  sentence  or  an
  order  and sentence included within such judgment, or from a resentence,
  or from an order of a criminal court not included in a  judgment,  must,
  within  thirty days after imposition of the sentence or, as the case may
  be, within thirty days after service upon such party of  a  copy  of  an
  order  not  included  in a judgment, file with the clerk of the criminal
  court in which such sentence was imposed or  in  which  such  order  was
  entered  a  written  notice  of  appeal, in duplicate, stating that such
  party appeals therefrom to a designated appellate court.
    (b)  If the defendant is the appellant, he must,  within  such  thirty
  day  period,  serve  a  copy  of such notice of appeal upon the district
  attorney of the  county  embracing  the  criminal  court  in  which  the
  judgment or order being appealed was entered.  If the appeal is directly
  to  the  court of appeals, the district attorney, following such service
  upon him, must immediately give written notice  thereof  to  the  public
  servant having custody of the defendant.
    (c)    If  the people are the appellant, they must, within such thirty
  day period, serve a copy of such notice of appeal upon the defendant  or
  upon  the  attorney  who last appeared for him in the court in which the
  order being appealed was entered.
    (d)  Upon filing and service of the notice of appeal as prescribed  in
  paragraphs (a), (b) and (c), the appeal is deemed to have been taken.
    (e)    Following  the  filing  with  him  of  the  notice of appeal in
  duplicate, the clerk of the court in which  the  judgment,  sentence  or
  order  being  appealed  was  entered  or imposed, must endorse upon such
  instruments the filing date and must transmit the  duplicate  notice  of
  appeal to the clerk of the court to which the appeal is being taken.
    2.    An appeal taken as of right to a county court or to an appellate
  term of the supreme court from a judgment, sentence or order of a  local
  criminal  court  in  a  case  in  which  the underlying proceedings were
  recorded by a court stenographer is taken  in  the  manner  provided  in
  subdivision  one;  except  that where no clerk is employed by such local
  criminal court the appellant must file the notice  of  appeal  with  the
  judge of such court, and must further file a copy thereof with the clerk
  of the appellate court to which the appeal is being taken.
    3.    An appeal taken as of right to a county court or to an appellate
  term of the supreme court from a judgment, sentence or order of a  local
  criminal  court  in  a case in which the underlying proceedings were not
  recorded by a court stenographer is taken as follows:
    (a)   Within thirty days after  entry  or  imposition  in  such  local
  criminal  court  of  the judgment, sentence or order being appealed, the
  appellant must file with such court either (i) an affidavit  of  errors,
  setting forth alleged errors or defects in the proceedings which are the
  subjects  of  the appeal, or (ii) a notice of appeal.  Where a notice of
  appeal is filed, the appellant  must  serve  a  copy  thereof  upon  the
  respondent  in  the  manner  provided  in  paragraphs  (b)  and  (c)  of
  subdivision one, and, within thirty days after the filing thereof,  must
  file with such court an affidavit of errors.
    (b)    Not  more  than three days after the filing of the affidavit of
  errors, the appellant must serve a copy thereof upon the  respondent  or
  the respondent's counsel or authorized representative.  If the defendant
  is the appellant, such service must be upon the district attorney of the
  county  in which the local criminal court is located.  If the people are
  the appellant, such service must be  upon  the  defendant  or  upon  the
  attorney  who  appeared for him in the proceedings in the local criminal
  court.
    (c)   Upon filing and service of the affidavit of errors as prescribed
  in paragraphs (a) and (b), the appeal is deemed to have been taken.
    (d)  Within ten days after the appellant's filing of the affidavit  of
  errors  with  the  local  criminal  court, such court must file with the
  clerk of the appellate court to which the appeal has been taken both the
  affidavit of errors and the court's return, and must deliver a  copy  of
  such  return  to  each party or a representative thereof as indicated in
  paragraph (b).  The court's return must set forth or summarize evidence,
  facts or occurrences in or adduced at the proceedings resulting  in  the
  judgment, sentence or order, which constitute the factual foundation for
  the contentions alleged in the affidavit of errors.
    (e)   If the local criminal court does not file such return within the
  prescribed period, or if it files  a  defective  return,  the  appellate
  court, upon application of the appellant, must order such local criminal
  court  to file a return or an amended return, as the case may be, within
  a designated time which such appellate court deems reasonable.
    4. An appeal by a defendant to  an  intermediate  appellate  court  by
  permission, pursuant to section 450.15, is taken as follows:
    (a)   Within thirty days after service upon the defendant of a copy of
  the order sought to be appealed, the defendant  must  make  application,
  pursuant  to  section 460.15, for a certificate granting leave to appeal
  to the intermediate appellate court.
    (b)  If such application is granted and such  certificate  is  issued,
  the  defendant,  within  fifteen  days after issuance thereof, must file
  with the criminal court in which the order sought  to  be  appealed  was
  rendered  the  certificate  granting  leave  to  appeal  together with a
  written notice of appeal, or if the appeal  is  from  a  local  criminal
  court in a case in which the underlying proceedings were not recorded by
  a  court  stenographer,  either  (i)  an  affidavit of errors, or (ii) a
  notice of appeal.  In all other respects the appeal shall  be  taken  as
  provided in subdivisions one, two and three.
    5.  An appeal to the court of appeals from an order of an intermediate
  appellate court is taken as follows:
    (a)  Within  thirty days after service upon the appellant of a copy of
  the order sought to be appealed, the appellant  must  make  application,
  pursuant  to  section 460.20, for a certificate granting leave to appeal
  to the court  of  appeals.  The  appellate  division  of  each  judicial
  department  shall  adopt rules governing the procedures for service of a
  copy of such order.
    (b)  If such application is granted, the issuance of  the  certificate
  granting leave to appeal shall constitute the taking of the appeal.
    6.    Where a notice of appeal, an affidavit of errors, an application
  for  leave  to  appeal  to  an  intermediate  appellate  court,  or   an
  application  for leave to appeal to the court of appeals is premature or
  contains an inaccurate description of the judgment,  sentence  or  order
  being  or sought to be appealed, the appellate court, in its discretion,
  may, in the interest of justice, treat such instrument as valid.   Where
  an  appellant files a notice of appeal within the prescribed period but,
  through mistake, inadvertence or excusable neglect,  omits  to  serve  a
  copy  thereof  upon  the  respondent  within  the prescribed period, the
  appellate court to which the appeal is sought to be taken  may,  in  its
  discretion  and  for  good  cause  shown, permit such service to be made
  within a designated period of time, and upon such service the appeal  is
  deemed to be taken.