Legislation
SECTION 470.25
Determination of appeals by intermediate appellate courts; form and content of order
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE M, ARTICLE 470
§ 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.
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.