New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 850 - Rules of Practice › Section 850.11 - Additional rules relating to criminal appeals

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a)
Transcript of proceedings.
Where poor person status has been granted by this
							 court, the clerk of the court from which the appeal is taken, after service
							 upon the clerk of a copy of the decision of this court, shall furnish without
							 charge to a person granted permission to proceed as a poor person one copy of
							 the transcript of all proceedings in the matter and one copy of any other paper
							 or document on file which is material and relevant to the appeal, and shall
							 forward another copy of the transcript to the clerk of this court, who shall
							 attach it to the single copy of the record upon which the appeal shall be
							 prosecuted.
(b) Where a
						  court has directed that the appeal be perfected by a particular date, the
						  appellant may apply by letter, on notice to all parties, to extend the time to
						  perfect the appeal. Where counsel has been assigned, any request for an
						  extension of time to perfect the appeal made more than one year after the
						  assignment date shall be made by motion. Any application or motion shall state
						  the following: the date of the judgment of conviction; whether the conviction
						  was by trial or plea; whether defendant is free on bail; the date the notice of
						  appeal was filed; the date the transcript and other record documents were
						  ordered; whether the transcript and other record documents have been received;
						  the reason for the request; and the anticipated date that the appeal is
						  expected to be perfected. All extension applications and motions must be
						  accompanied by proof of service upon the District Attorney and the
						  defendant.
(c)
Respondent's
						  filing.
Absent court order directing otherwise, the
							 respondent on a criminal appeal shall file a respondent's brief and appendix
							 with the clerk within 30 days of the date of the acceptance of the appellant's
							 submissions.
(d)
						  Notwithstanding the provisions of sections
						  1250.9(a)  and
						  1250.10(b) of
						  this Title, an appeal authorized by the Criminal Procedure Law shall be deemed
						  to have been abandoned where the appellant shall fail to apply for permission
						  to proceed as a poor person and/or for assignment of counsel or shall fail to
						  perfect the appeal within 24 months after the date of the notice of appeal; and
						  the clerk of this court shall not accept for filing any record, brief or
						  appendix beyond the 24-month period unless directed to do so by order of the
						  court. Such an order shall be granted only pursuant to a motion on notice
						  supported by an affidavit setting forth a reasonable excuse for the delay, in
						  addition to any information required by subdivision (b) of this
						  section.
(e) In addition to the
						  items specified in section
						  1250.7(d) of this
						  Title, an appendix in a criminal cause shall contain a copy of the indictment
						  and a complete transcript of the sentencing minutes.
(f)
Where only sentence in
						  issue.
When the sole question raised on appeal concerns the
							 legality, propriety or excessiveness of the sentence imposed, the appeal may be
							 heard upon a shortened record on appeal consisting of the notice of appeal,
							 sentencing minutes and minutes of the plea, if appellant pleaded guilty. The
							 record, which shall be clearly labeled "Record on Appeal from Sentence," shall
							 contain a statement pursuant to CPLR 5531 and shall be stipulated to or settled
							 in the manner provided in section
							 850.7(b) of this
							 Part. A copy of the presentence report shall be filed with the
							 clerk.