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Current as of January 01, 2024 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - New York Consolidated Laws, Criminal Procedure Law - CPL § 470.25 Determination of appeals by intermediate appellate courts; form and content of order - last updated January 01, 2024 | https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-470-25/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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