by admin | May 14, 2021 | Criminal Procedure, New York
1. Wherever appropriate, the rules set forth in sections 470.15 and 470.20, governing the consideration and determination by intermediate appellate courts of appeals thereto from judgments and orders of criminal courts, and prescribing their scope of review and the...
by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
Upon reversing or modifying a judgment, sentence or order of a criminal court, an intermediate appellate court must take or direct such corrective action as is necessary and appropriate both to rectify any injustice to the appellant resulting from the error or defect...
by admin | May 14, 2021 | Criminal Procedure, New York
1. Upon an appeal to an intermediate appellate court from a judgment, sentence or order of a criminal court, such intermediate appellate court may consider and determine any question of law or issue of fact involving error or defect in the criminal court proceedings...
by admin | May 14, 2021 | Criminal Procedure, New York
The following definitions are applicable to this article:1. “Reversal” by an appellate court of a judgment, sentence or order of another court means the vacating of such judgment, sentence or order.2. “Modification” by an appellate court of a...
by admin | May 14, 2021 | Criminal Procedure, New York
1. An appellate court must determine an appeal without regard to technical errors or defects which do not affect the substantial rights of the parties.2. For purposes of appeal, a question of law with respect to a ruling or instruction of a criminal court during a...
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