2006 New York Code - Appeal; How Perfected.

 
  § 460.70 Appeal; how perfected.
    1.  Except  as  provided  in subdivision two, the mode of and time for
  perfecting an appeal which has been taken to an  intermediate  appellate
  court  from  a  judgement,  sentence  or  order  of a criminal court are
  determined by rules of the appellate division of the department in which
  such appellate court is located. Among the matters to be  determined  by
  such  court  rules are the times when the appeal must be noticed for and
  brought to argument, the content and form of the records and  briefs  to
  be  served  and filed, and the time when such records and briefs must be
  served and filed.
    When an appeal is taken by a defendant pursuant to section  450.10,  a
  transcript  shall  be  prepared  and settled and shall be filed with the
  criminal court by the court reporter. The expense  for  such  transcript
  and  any  reproduced  copies  of  such  transcript  shall be paid by the
  defendant. Where the defendant is granted permission  to  proceed  as  a
  poor  person  by  the appellate court, the court reporter shall promptly
  make and file with the criminal court a transcript of  the  stenographic
  minutes  of  such  proceedings  as the appellate court shall direct. The
  expense of transcripts and any reproduced copies of transcripts prepared
  for poor persons under this section shall be a state charge payable  out
  of  funds  appropriated  to  the office of court administration for that
  purpose.  The  appellate  court  shall  where  such  is  necessary   for
  perfection  of  the  appeal,  order  that  the  criminal court furnish a
  reproduced copy of such transcript to the defendant or his counsel.
    2. An appeal which has been taken to a county court or to an appellate
  term of the supreme court from a judgment, sentence or order of a  local
  criminal  court  pursuant  to  subdivision  three  of  section 460.10 is
  perfected as follows:
    (a) After the local criminal court has, pursuant to paragraph  (d)  of
  subdivision  three of section 460.10, filed its return with the clerk of
  the appellate court and delivered a copy thereof to the  appellant,  the
  appellant  must  file with such clerk, and serve a copy thereof upon the
  respondent, a notice of argument, noticing the appeal  for  argument  at
  the  term  of  such appellate court immediately following the term being
  held at the time of the appellant's receipt of the return.  Upon  motion
  of the appellant, however, such appellate court may for good cause shown
  enlarge  the time to a subsequent term, in which case the appellant must
  notice the appeal for argument at such subsequent term;
    (b) The appellant must further comply with all court rules  applicable
  to the mode of perfecting such appeals;
    (c) If the appellant does not file a notice of argument as provided in
  paragraph  (a)  or  does  not  comply with all applicable court rules as
  provided in paragraph (b), the appellate court may, either  upon  motion
  of the respondent or upon its own motion, dismiss the appeal.
    3. The mode of and time for perfecting any appeal which has been taken
  to  the  court  of  appeals  are determined by the rules of the court of
  appeals. Among the matters to be determined by such court rules are  the
  times  when  the appeal must be noticed for and brought to argument, the
  content, form and number of the records and briefs and copies thereof to
  be served and filed, and the times when such records and briefs must  be
  served and filed.
    When an appeal is taken by a defendant pursuant to section 450.70, the
  defendant shall cause to be prepared and printed or otherwise duplicated
  pursuant  to  rules of the court of appeals the record on appeal and the
  required  number  of  copies  thereof.  If  the  defendant  is   granted
  permission  to  appeal  as a poor person, the expense thereof shall be a
  state charge payable out of funds appropriated to the  office  of  court
  administration for that purpose.