N.Y. CPL Law § 460.70 — New York Code / Act CPL / Part 2 / Title M / Article 460 / Section 460.70
Appeal; how perfected
Status: in_force

§ 460.70 Appeal; how perfected.\n  1. Except as provided in subdivision two, the mode of and time for\nperfecting an appeal which has been taken to an intermediate appellate\ncourt from a judgement, sentence or order of a criminal court are\ndetermined by rules of the appellate division of the department in which\nsuch appellate court is located. Among the matters to be determined by\nsuch court rules are the times when the appeal must be noticed for and\nbrought to argument, the content and form of the records and briefs to\nbe served and filed, and the time when such records and briefs must be\nserved and filed.\n  When an appeal is taken by a defendant pursuant to section 450.10, a\ntranscript shall be prepared and settled and shall be filed with the\ncriminal court by the court reporter. Electronically recorded\nproceedings that were not recorded by a stenographer shall be\ntranscribed and filed with the court as directed by the chief\nadministrator of the courts. The expense for such transcript and any\nreproduced copies of such transcript shall be paid by the defendant.\nWhere the defendant is granted permission to proceed as a poor person by\nthe appellate court, the court reporter shall promptly make and file\nwith the criminal court a transcript of the stenographic minutes of such\nproceedings as the appellate court shall direct. The expense of\ntranscripts and any reproduced copies of transcripts prepared for poor\npersons under this section shall be a state charge payable out of funds\nappropriated to the office of court administration for that purpose. The\nappellate court shall where such is necessary for perfection of the\nappeal, order that the criminal court furnish a reproduced copy of such\ntranscript to the defendant or his counsel.\n  2. An appeal which has been taken to a county court or to an appellate\nterm of the supreme court from a judgment, sentence or order of a local\ncriminal court pursuant to subdivision three of section 460.10 is\nperfected as follows:\n  (a) After the local criminal court has, pursuant to paragraph (d) of\nsubdivision three of section 460.10, filed its return with the clerk of\nthe appellate court and delivered a copy thereof to the appellant, the\nappellant must file with such clerk, and serve a copy thereof upon the\nrespondent, a notice of argument, noticing the appeal for argument at\nthe term of such appellate court immediately following the term being\nheld at the time of the appellant's receipt of the return. Upon motion\nof the appellant, however, such appellate court may for good cause shown\nenlarge the time to a subsequent term, in which case the appellant must\nnotice the appeal for argument at such subsequent term;\n  (b) The appellant must further comply with all court rules applicable\nto the mode of perfecting such appeals;\n  (c) If the appellant does not file a notice of argument as provided in\nparagraph (a) or does not comply with all applicable court rules as\nprovided in paragraph (b), the appellate court may, either upon motion\nof the respondent or upon its own motion, dismiss the appeal.\n  3. The mode of and time for perfecting any appeal which has been taken\nto the court of appeals are determined by the rules of the court of\nappeals. Among the matters to be determined by such court rules are the\ntimes when the appeal must be noticed for and brought to argument, the\ncontent, form and number of the records and briefs and copies thereof to\nbe served and filed, and the times when such records and briefs must be\nserved and filed.\n  When an appeal is taken by a defendant pursuant to section 450.70, the\ndefendant shall cause to be prepared and printed or otherwise duplicated\npursuant to rules of the court of appeals the record on appeal and the\nrequired number of copies thereof. If the defendant is granted\npermission to appeal as a poor person, the expense thereof shall be a\nstate charge payable out of funds appropriated to the office of court\nadministration for that purpose.\n