2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title M - Proceedings After Judgment › Article 470 - Appeals--Determination Thereof › 470.30 - Determination by Court of Appeals of Appeals Taken Directly Thereto From Judgments and Orders of Criminal Courts.

§  470.30  Determination  by  court of appeals of appeals taken directly
thereto from judgments and orders of criminal courts.
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
corrective action to be taken by them  upon  reversal  or  modification,
apply  equally  to  the  consideration and determination by the court of
appeals of appeals taken directly thereto, pursuant to  sections  450.70
and 450.80, from judgments and orders of superior criminal courts.
2.  Whenever a sentence of death is imposed, the judgment and sentence
shall be reviewed on the record by the court of appeals.  Review by  the
court  of  appeals pursuant to subdivision one of section 450.70 may not
be waived.
3. With regard to the  sentence,  the  court  shall,  in  addition  to
exercising  the powers and scope of review granted under subdivision one
of this section, determine:
(a) whether the sentence of death was imposed under the  influence  of
passion,  prejudice,  or  any  other  arbitrary or legally impermissible
factor including whether the imposition of the verdict or  sentence  was
based  upon the race of the defendant or a victim of the crime for which
the defendant was convicted;
(b) whether the sentence of death is excessive or disproportionate  to
the  penalty imposed in similar cases considering both the crime and the
defendant. In conducting such review the  court,  upon  request  of  the
defendant,  in addition to any other determination, shall review whether
the sentence of death is excessive or disproportionate  to  the  penalty
imposed  in  similar  cases  by virtue of the race of the defendant or a
victim of the crime for which the defendant was convicted; and
(c) whether the decision to impose the sentence of death  was  against
the weight of the evidence.
4. The court shall include in its decision:
(a)  the  aggravating and mitigating factors established in the record
on appeal; and
(b) those similar cases it took into consideration.
5. In addition to exercising any other corrective action  pursuant  to
subdivision  one  of this section, the court, with regard to review of a
sentence of death, shall be authorized to:
(a) affirm the sentence of death; or
(b) set the sentence  aside  and  remand  the  case  for  resentencing
pursuant   to   the  procedures  set  forth  in  section  400.27  for  a
determination as to whether the defendant shall be sentenced  to  death,
life  imprisonment  without  parole or to a term of imprisonment for the
class A-I felony of murder in the first degree other than a sentence  of
life imprisonment without parole; or
(c) set the sentence aside and remand the case for resentencing by the
court for a determination as to whether the defendant shall be sentenced
to life imprisonment without parole or to a term of imprisonment for the
class  A-I felony of murder in the first degree other than a sentence of
life imprisonment without parole.