N.Y. Criminal Procedure Law § 470.55: Status of accusatory instrument upon order of new trial or restoration of action to pre-pleading status

§ 470.55 Status of accusatory instrument upon order of new trial or

restoration of action to pre-pleading status.

1. Upon a new trial of an accusatory instrument resulting from an

appellate court order reversing a judgment and ordering such new trial,

such accusatory instrument is deemed to contain all the counts and to

charge all the offenses which it contained and charged at the time the

previous trial was commenced, regardless of whether any count was

dismissed by the court in the course of such trial, except (a) those

upon or of which the defendant was acquitted or deemed to have been

acquitted, and (b) those dismissed upon appeal or upon some other

post-judgment order.

2. Upon an appellate court order which reverses a judgment based upon

a plea of guilty to an accusatory instrument or a part thereof, but

which does not dismiss the entire accusatory instrument, the criminal

action is, in the absence of express appellate court direction to the

contrary, restored to its pre-pleading status and the accusatory

instrument is deemed to contain all the counts and to charge all the

offenses which it contained and charged at the time of the entry of the

plea, except those dismissed upon appeal or upon some other

post-judgment order. Where the plea of guilty was entered and accepted,

pursuant to subdivision three of section 220.30, upon the condition that

it constituted a complete disposition and dismissal not only of the

accusatory instrument underlying the judgment reversed but also of one

or more other accusatory instruments against the defendant then pending

in the same court, the appellate court order of reversal completely

restores such other accusatory instruments; and such is the case even

where the order of reversal dismisses the entire accusatory instrument

underlying the judgment reversed.