N.Y. Criminal Procedure Law § 470.25: Determination of appeals by intermediate appellate courts; form and content of order

§ 470.25 Determination of appeals by intermediate appellate courts;

form and content of order.

1. An order of an intermediate appellate court which affirms a

judgment, sentence or order of a criminal court need only state such

affirmance.

2. An order of an intermediate appellate court which reverses or

modifies a judgment, sentence or order of a criminal court must contain

the following:

(a) A statement of whether the determination was upon the law or upon

the facts or as a matter of discretion in the interest of justice, or

upon any specified two or all three of such bases; and

(b) If the decision is rendered without opinion, a brief statement of

the specific grounds of the reversal or modification; and

(c) A statement of the corrective action taken or directed by the

court; and

(d) If the determination is exclusively upon the law, a statement of

whether or not the facts upon which the criminal court's judgment,

sentence or order is based have been considered and determined to have

been established. In the absence of such a statement, it is presumed

that the intermediate appellate court did not consider or make any

determination with respect to such facts.