N.Y. Criminal Procedure Law § 470.05: Determination of appeals; general criteria

§ 470.05 Determination of appeals; general criteria.

1. An appellate court must determine an appeal without regard to

technical errors or defects which do not affect the substantial rights

of the parties.

2. For purposes of appeal, a question of law with respect to a ruling

or instruction of a criminal court during a trial or proceeding is

presented when a protest thereto was registered, by the party claiming

error, at the time of such ruling or instruction or at any subsequent

time when the court had an opportunity of effectively changing the same.

Such protest need not be in the form of an "exception" but is sufficient

if the party made his position with respect to the ruling or instruction

known to the court, or if in reponse to a protest by a party, the court

expressly decided the question raised on appeal. In addition, a party

who without success has either expressly or impliedly sought or

requested a particular ruling or instruction, is deemed to have thereby

protested the court's ultimate disposition of the matter or failure to

rule or instruct accordingly sufficiently to raise a question of law

with respect to such disposition or failure regardless of whether any

actual protest thereto was registered.