2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title M - Proceedings After Judgment › Article 470 - Appeals--Determination Thereof › 470.15 - Determination of Appeals by Intermediate Appellate Courts; Scope of Review.

§  470.15  Determination  of  appeals  by intermediate appellate courts;
scope of review.
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  which  may
have adversely affected the appellant.
2.  Upon  such an appeal, the intermediate appellate court must either
affirm or reverse or modify the criminal  court  judgment,  sentence  or
order.  The  ways in which it may modify a judgment include, but are not
limited to, the following:
(a) Upon a determination that the trial evidence adduced in support of
a verdict is not legally sufficient to establish the  defendant's  guilt
of  an  offense  of  which he was convicted but is legally sufficient to
establish his guilt of a lesser included offense, the court  may  modify
the judgment by changing it to one of conviction for the lesser offense;
(b)  Upon  a  determination  that  the  trial  evidence is not legally
sufficient to establish the defendant's guilt of  all  the  offenses  of
which  he was convicted but is legally sufficient to establish his guilt
of one or more of such offenses, the court may modify  the  judgment  by
reversing  it  with  respect  to  the  unsupported  counts and otherwise
affirming it;
(c) Upon  a  determination  that  a  sentence  imposed  upon  a  valid
conviction  is  illegal  or unduly harsh or severe, the court may modify
the judgment by reversing  it  with  respect  to  the  sentence  and  by
otherwise affirming it.
3.  A reversal or a modification of a judgment, sentence or order must
be based upon a determination made:
(a) Upon the law; or
(b) Upon the facts; or
(c) As a matter of discretion in the interest of justice; or
(d) Upon any two or all three of the  bases  specified  in  paragraphs
(a), (b) and (c).
4.  The  kinds of determinations of reversal or modification deemed to
be upon the law include, but are not limited to, the following:
(a) That a ruling or instruction of the court, duly protested  by  the
defendant,  as  prescribed  in  subdivision  two of section 470.05, at a
trial resulting in a judgment, deprived the defendant of a fair trial;
(b) That evidence adduced at a trial resulting in a judgment  was  not
legally  sufficient  to establish the defendant's guilt of an offense of
which he was convicted;
(c) That a sentence was unauthorized, illegally imposed  or  otherwise
invalid as a matter of law.
5.  The  kinds of determinations of reversal or modification deemed to
be on the facts include, but are not limited to, a determination that  a
verdict  of conviction resulting in a judgment was, in whole or in part,
against the weight of the evidence.
6. The kinds of determinations of reversal or modification  deemed  to
be  made  as  a matter of discretion in the interest of justice include,
but are not limited to, the following:
(a) That an error or defect  occurring  at  a  trial  resulting  in  a
judgment,  which  error  or  defect  was  not duly protested at trial as
prescribed in subdivision two of section  470.05  so  as  to  present  a
question of law, deprived the defendant of a fair trial;
(b) That a sentence, though legal, was unduly harsh or severe.