§ 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.