N.Y. Comp. Codes R. & Regs. tit. 22 § 670.12

Current through Register Vol. 46, No. 16, April 17, 2024

Section 670.12 - Appeals in criminal actions

(a) Except as otherwise provided herein, an appeal in a criminal action shall be prosecuted in the same manner as a civil appeal.

(b) Application for certificate granting leave to appeal.

(1) An application pursuant to C PL 450.15 and C PL 460.15 for leave to appeal to this court from an order shall be made in writing within 30 days after service of the order upon the applicant, on 15 days' notice to the district attorney, or other prosecutor, as the case may be.

(2) The application shall be addressed to the court for assignment to a justice and shall include:

(i) the name and address of the applicant and the name and address of the district attorney or other prosecutor, as the case may be;

(ii) the indictment, or superior court information number;

(iii) the questions of law or fact which it is claimed ought to be reviewed;

(iv) any other information, data, or matter which the applicant may deem pertinent in support of the application;

(v) a statement that no prior application for such certificate has been made; and

(vi) a copy of the order sought to be reviewed and a copy of the decision of the court of original instance or a statement that there was no decision.

(3) Within 15 days after service of a copy of the application the district attorney or other prosecutor shall file answering papers or a statement that there is no opposition to the application. Such answering papers shall include a discussion of the merits of the application or shall state, if such be the case, that the application does not contain any allegations other than those alleged in the papers submitted by the applicant in the trial court and that the prosecutor relies on the record; the answering papers in the trial court; and the decision of such court, if any.

(4) Unless the justice designated to determine the application shall otherwise direct, the matter shall be submitted and determined upon the foregoing papers and without oral argument.

(c) Appeal from sentence. Where the only issue to be raised on appeal concerns the legality, propriety, or excessiveness of sentence, the appeal may be prosecuted by submitting a concise statement setting forth the reasons urged in support of the reversal or modification of sentence. Such statement shall contain the information required by CPLR 5531 and by section 670.10 - c(g)(2)(viii) of this Part and shall contain a statement by counsel for the appellant that no other issues are asserted.

(1) Such appeals may be brought on as though they were motions made in accordance with the provisions of section 670.5 of this Part and shall be placed upon a special calendar for appeals submitted in accordance with this subdivision. The respondent shall serve and file papers in opposition within 14 days after service of the motion papers.

(2) The appellant shall submit the transcripts of sentence and the transcripts of the underlying plea or trial. The parties shall file an original and four copies of their respective papers, including the necessary transcripts.

(d) When an appeal in a criminal action is prosecuted on the original record or by the appendix method, the appellant shall serve a copy of the transcript of the proceedings upon the respondent together with the brief and appendix.

(e) Appeals by the People pursuant to C PL 450.20(1-a) shall be granted a preference upon the request of either the appellant or the respondent. The appellant's brief shall include an appendix containing a copy of the indictment, the order appealed from and the decision. The respondent's brief may also include an appendix, if necessary. The appellant shall file, separate from the record, one copy of the grand jury minutes (see Rules of the Chief Administrator of the Courts, Part 105).

(f) Appeals to the Court of Appeals. Service of a copy of an order on an appellant as required by C PL 460.10(5)(a) shall be made pursuant to CPLR 2103.

(g) In the event the defendant is represented by counsel the following shall be filed together with the brief filed on behalf of the defendant:

(1) proof of mailing of a copy of the brief to the defendant at his or her last known address; and

(2) where a brief pursuant to Anders v. California (386 US 738) has been filed, a copy of a letter to the defendant advising that he or she may file a pro se supplemental brief and, if he or she wishes to file such a brief, that he or she must notify this court no later than 30 days after the date of mailing of counsel's letter of the intention to do so.

(h) A defendant represented by counsel who has not submitted a brief pursuant to Anders v. California (386 US 738) who wishes to file a pro se supplemental brief must make an application for permission to do so not later than 30 days after the date of mailing to the defendant of a copy of the brief prepared by counsel. The affidavit in support of the motion shall briefly set forth the points that the appellant intends to raise in the supplemental brief.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 670.12