§ 470.25 Determination of appeals by intermediate appellate courts;\n form and content of order.\n 1. An order of an intermediate appellate court which affirms a\njudgment, sentence or order of a criminal court need only state such\naffirmance.\n 2. An order of an intermediate appellate court which reverses or\nmodifies a judgment, sentence or order of a criminal court must contain\nthe following:\n (a) A statement of whether the determination was upon the law or upon\nthe facts or as a matter of discretion in the interest of justice, or\nupon any specified two or all three of such bases; and\n (b) If the decision is rendered without opinion, a brief statement of\nthe specific grounds of the reversal or modification; and\n (c) A statement of the corrective action taken or directed by the\ncourt; and\n (d) If the determination is exclusively upon the law, a statement of\nwhether or not the facts upon which the criminal court's judgment,\nsentence or order is based have been considered and determined to have\nbeen established. In the absence of such a statement, it is presumed\nthat the intermediate appellate court did not consider or make any\ndetermination with respect to such facts.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.