2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title M - Proceedings After Judgment › Article 460 - Appeals--Taking and Perfection Thereof and Stays During Pendency Thereof › 460.70 - 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.   Electronically   recorded
proceedings   that   were  not  recorded  by  a  stenographer  shall  be
transcribed  and  filed  with  the  court  as  directed  by  the   chief
administrator  of  the  courts.  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.