N.Y. Criminal Procedure Law § 470.30: Determination by court of appeals of appeals taken directly thereto from judgments and orders of criminal courts

§ 470.30 Determination by court of appeals of appeals taken directly

thereto from judgments and orders of criminal courts.

1. Wherever appropriate, the rules set forth in sections 470.15 and

470.20, governing the consideration and determination by intermediate

appellate courts of appeals thereto from judgments and orders of

criminal courts, and prescribing their scope of review and the

corrective action to be taken by them upon reversal or modification,

apply equally to the consideration and determination by the court of

appeals of appeals taken directly thereto, pursuant to sections 450.70

and 450.80, from judgments and orders of superior criminal courts.

2. Whenever a sentence of death is imposed, the judgment and sentence

shall be reviewed on the record by the court of appeals. Review by the

court of appeals pursuant to subdivision one of section 450.70 may not

be waived.

3. With regard to the sentence, the court shall, in addition to

exercising the powers and scope of review granted under subdivision one

of this section, determine:

(a) whether the sentence of death was imposed under the influence of

passion, prejudice, or any other arbitrary or legally impermissible

factor including whether the imposition of the verdict or sentence was

based upon the race of the defendant or a victim of the crime for which

the defendant was convicted;

(b) whether the sentence of death is excessive or disproportionate to

the penalty imposed in similar cases considering both the crime and the

defendant. In conducting such review the court, upon request of the

defendant, in addition to any other determination, shall review whether

the sentence of death is excessive or disproportionate to the penalty

imposed in similar cases by virtue of the race of the defendant or a

victim of the crime for which the defendant was convicted; and

(c) whether the decision to impose the sentence of death was against

the weight of the evidence.

4. The court shall include in its decision:

(a) the aggravating and mitigating factors established in the record

on appeal; and

(b) those similar cases it took into consideration.

5. In addition to exercising any other corrective action pursuant to

subdivision one of this section, the court, with regard to review of a

sentence of death, shall be authorized to:

(a) affirm the sentence of death; or

(b) set the sentence aside and remand the case for resentencing

pursuant to the procedures set forth in section 400.27 for a

determination as to whether the defendant shall be sentenced to death,

life imprisonment without parole or to a term of imprisonment for the

class A-I felony of murder in the first degree other than a sentence of

life imprisonment without parole; or

(c) set the sentence aside and remand the case for resentencing by the

court for a determination as to whether the defendant shall be sentenced

to life imprisonment without parole or to a term of imprisonment for the

class A-I felony of murder in the first degree other than a sentence of

life imprisonment without parole.