New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Criminal Appeals to County Courts › Section 200.33 - Perfection of criminal appeals

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) When a notice of appeal is filed with
					 a local court, a copy shall be filed with the county clerk by the person filing
					 with the local court. After an appeal has been taken pursuant to C PL
					 460.10(2), and within 10 days after two transcripts of the stenographic minutes
					 of the proceedings shall have been filed with the local criminal court pursuant
					 to C PL 460.70(1), the local criminal court shall file with the clerk of the
					 county court the notice of appeal, a transcript of the proceedings, a copy of
					 the accusatory instrument and any decision on pretrial motions, and shall
					 notify the appellant and the respondent. If the local criminal court does not
					 file the notice of appeal and transcript within the prescribed period, or if
					 the transcript is defective, the county court, upon application of appellant or
					 respondent, shall order the local criminal court to file them or shall order
					 the parties to settle the transcript before the local court in the manner
					 prescribed by CPLR 5525(c) within a designated time which the county court
					 deems reasonable.
(b)
					 Within 20 days after the affidavit of errors and the return of the lower court
					 have been filed with the county court, where an appeal has been taken pursuant
					 to C PL 460.10(3), or within 20 days after the notice of appeal and transcript
					 have been filed with the county court, where an appeal has been taken pursuant
					 to C PL 460.10(2), appellant shall notice the appeal for the next term or
					 special term of county court by filing with the judge of the county court, not
					 less than 14 days prior to the date for which the appeal has been notice, a
					 brief and notice of argument with proof of service of a copy of each upon
					 respondent. If the defendant is the appellant and the district attorney did not
					 appear in the local criminal court, defendant shall also file proof of service
					 of a copy of the brief and notice of argument upon the district attorney.
					 Respondent's brief, or the district attorney's brief, if any, shall be filed
					 with the judge of the county court within 12 days after service of appellant's
					 brief, with proof of service of a copy upon appellant.
(c) If appellant does not comply
					 herewith, the county court may, upon respondent's motion, or upon its own
					 motion, dismiss the appeal.
(d) Upon motion, the county court judge
					 hearing the appeal may, for good cause shown, extend the time to a subsequent
					 term or special term, in which case the appellant must notice the appeal for
					 such subsequent term. Unless otherwise ordered by the court, appeals may be
					 submitted without oral argument. Motions for reargument may be made after
					 decision is rendered, and must be made within 30 days after service upon the
					 moving party of a copy of the order entered on the decision, with written
					 notice of the entry.