§ 460.10 Appeal; how taken.\n 1. Except as provided in subdivisions two and three, an appeal taken\nas of right to an intermediate appellate court or directly to the court\nof appeals from a judgment, sentence or order of a criminal court is\ntaken as follows:\n (a) A party seeking to appeal from a judgment or a sentence or an\norder and sentence included within such judgment, or from a resentence,\nor from an order of a criminal court not included in a judgment, must,\nwithin thirty days after imposition of the sentence or, as the case may\nbe, within thirty days after service upon such party of a copy of an\norder not included in a judgment, file with the clerk of the criminal\ncourt in which such sentence was imposed or in which such order was\nentered a written notice of appeal, in duplicate, stating that such\nparty appeals therefrom to a designated appellate court.\n (b) If the defendant is the appellant, he must, within such thirty day\nperiod, serve a copy of such notice of appeal upon the district attorney\nof the county embracing the criminal court in which the judgment or\norder being appealed was entered. If the appeal is directly to the court\nof appeals, the district attorney, following such service upon him, must\nimmediately give written notice thereof to the public servant having\ncustody of the defendant.\n (c) If the people are the appellant, they must, within such thirty day\nperiod, serve a copy of such notice of appeal upon the defendant or upon\nthe attorney who last appeared for him in the court in which the order\nbeing appealed was entered.\n (d) Upon filing and service of the notice of appeal as prescribed in\nparagraphs (a), (b) and (c), the appeal is deemed to have been taken.\n (e) Following the filing with him of the notice of appeal in\nduplicate, the clerk of the court in which the judgment, sentence or\norder being appealed was entered or imposed, must endorse upon such\ninstruments the filing date and must transmit the duplicate notice of\nappeal to the clerk of the court to which the appeal is being taken.\n 2. An appeal taken as of right to a county court or to an appellate\nterm of the supreme court from a judgment, sentence or order of a local\ncriminal court in a case in which the underlying proceedings were\nrecorded by a court stenographer is taken in the manner provided in\nsubdivision one; except that where no clerk is employed by such local\ncriminal court the appellant must file the notice of appeal with the\njudge of such court, and must further file a copy thereof with the clerk\nof the appellate court to which the appeal is being taken.\n 3. An appeal taken as of right to a county court or to an appellate\nterm of the supreme court from a judgment, sentence or order of a local\ncriminal court in a case in which the underlying proceedings were not\nrecorded by a court stenographer is taken as follows:\n (a) Within thirty days after entry or imposition in such local\ncriminal court of the judgment, sentence or order being appealed, the\nappellant must file with such court either (i) an affidavit of errors,\nsetting forth alleged errors or defects in the proceedings which are the\nsubjects of the appeal, or (ii) a notice of appeal. Where a notice of\nappeal is filed, the appellant must serve a copy thereof upon the\nrespondent in the manner provided in paragraphs (b) and (c) of\nsubdivision one, and, within sixty days after the appellant receives a\ntranscript of the electronically recorded proceedings, must file with\nsuch court an affidavit of errors.\n (b) Not more than three days after the filing of the affidavit of\nerrors, the appellant must serve a copy thereof upon the respondent or\nthe respondent's counsel or authorized representative. If the defendant\nis the appellant, such service must be upon the district attorney of the\ncounty in which the local criminal court is located. If the people are\nthe appellant, such service must be upon the defendant or upon the
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