N.Y. Criminal Procedure Law § 460.70: Appeal; how perfected

§ 460.70 Appeal; how perfected.

1. Except as provided in subdivision two, the mode of and time for

perfecting an appeal which has been taken to an intermediate appellate

court from a judgement, sentence or order of a criminal court are

determined by rules of the appellate division of the department in which

such appellate court is located. Among the matters to be determined by

such court rules are the times when the appeal must be noticed for and

brought to argument, the content and form of the records and briefs to

be served and filed, and the time when such records and briefs must be

served and filed.

When an appeal is taken by a defendant pursuant to section 450.10, a

transcript shall be prepared and settled and shall be filed with the

criminal court by the court reporter. Electronically recorded

proceedings that were not recorded by a stenographer shall be

transcribed and filed with the court as directed by the chief

administrator of the courts. The expense for such transcript and any

reproduced copies of such transcript shall be paid by the defendant.

Where the defendant is granted permission to proceed as a poor person by

the appellate court, the court reporter shall promptly make and file

with the criminal court a transcript of the stenographic minutes of such

proceedings as the appellate court shall direct. The expense of

transcripts and any reproduced copies of transcripts prepared for poor

persons under this section shall be a state charge payable out of funds

appropriated to the office of court administration for that purpose. The

appellate court shall where such is necessary for perfection of the

appeal, order that the criminal court furnish a reproduced copy of such

transcript to the defendant or his counsel.

2. An appeal which has been taken to a county court or to an appellate

term of the supreme court from a judgment, sentence or order of a local

criminal court pursuant to subdivision three of section 460.10 is

perfected as follows:

(a) After the local criminal court has, pursuant to paragraph (d) of

subdivision three of section 460.10, filed its return with the clerk of

the appellate court and delivered a copy thereof to the appellant, the

appellant must file with such clerk, and serve a copy thereof upon the

respondent, a notice of argument, noticing the appeal for argument at

the term of such appellate court immediately following the term being

held at the time of the appellant's receipt of the return. Upon motion

of the appellant, however, such appellate court may for good cause shown

enlarge the time to a subsequent term, in which case the appellant must

notice the appeal for argument at such subsequent term;

(b) The appellant must further comply with all court rules applicable

to the mode of perfecting such appeals;

(c) If the appellant does not file a notice of argument as provided in

paragraph (a) or does not comply with all applicable court rules as

provided in paragraph (b), the appellate court may, either upon motion

of the respondent or upon its own motion, dismiss the appeal.

3. The mode of and time for perfecting any appeal which has been taken

to the court of appeals are determined by the rules of the court of

appeals. Among the matters to be determined by such court rules are the

times when the appeal must be noticed for and brought to argument, the

content, form and number of the records and briefs and copies thereof to

be served and filed, and the times when such records and briefs must be

served and filed.

When an appeal is taken by a defendant pursuant to section 450.70, the

defendant shall cause to be prepared and printed or otherwise duplicated

pursuant to rules of the court of appeals the record on appeal and the

required number of copies thereof. If the defendant is granted

permission to appeal as a poor person, the expense thereof shall be a

state charge payable out of funds appropriated to the office of court

administration for that purpose.