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This entry was published on 2014-09-22
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SECTION 470.05
Determination of appeals; general criteria
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE M, ARTICLE 470
§ 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.