2017 New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings
Title M - Proceedings After Judgment
Article 470 - Appeals--Determination Thereof
470.25 - Determination of Appeals by Intermediate Appellate Courts; Form and Content of Order.
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.
