New York Criminal Procedure Law Section 470.30 - Determination by court of appeals of appeals taken directly thereto from judgments and orders of criminal courts.

470.30  Determination  by  court of appeals of appeals taken directly

           thereto from judgments and orders of criminal courts.

1. Wherever appropriate, the rules set forth in  sections  470.15  and
  470.20,  governing  the  consideration and determination by intermediate
  appellate courts  of  appeals  thereto  from  judgments  and  orders  of
  criminal   courts,  and  prescribing  their  scope  of  review  and  the
  corrective action to be taken by them  upon  reversal  or  modification,
  apply  equally  to  the  consideration and determination by the court of
  appeals of appeals taken directly thereto, pursuant to  sections  450.70
  and 450.80, from judgments and orders of superior criminal courts.

2.  Whenever a sentence of death is imposed, the judgment and sentence
  shall be reviewed on the record by the court of appeals.  Review by  the
  court  of  appeals pursuant to subdivision one of section 450.70 may not
  be waived.

3. With regard to the  sentence,  the  court  shall,  in  addition  to
  exercising  the powers and scope of review granted under subdivision one
  of this section, determine:

(a) whether the sentence of death was imposed under the  influence  of
  passion,  prejudice,  or  any  other  arbitrary or legally impermissible
  factor including whether the imposition of the verdict or  sentence  was
  based  upon the race of the defendant or a victim of the crime for which
  the defendant was convicted;

(b) whether the sentence of death is excessive or disproportionate  to
  the  penalty imposed in similar cases considering both the crime and the
  defendant. In conducting such review the  court,  upon  request  of  the
  defendant,  in addition to any other determination, shall review whether
  the sentence of death is excessive or disproportionate  to  the  penalty
  imposed  in  similar  cases  by virtue of the race of the defendant or a
  victim of the crime for which the defendant was convicted; and

(c) whether the decision to impose the sentence of death  was  against
  the weight of the evidence.

4. The court shall include in its decision:

(a)  the  aggravating and mitigating factors established in the record
  on appeal; and

(b) those similar cases it took into consideration.

5. In addition to exercising any other corrective action  pursuant  to
  subdivision  one  of this section, the court, with regard to review of a
  sentence of death, shall be authorized to:

(a) affirm the sentence of death; or

(b) set the sentence  aside  and  remand  the  case  for  resentencing
  pursuant   to   the  procedures  set  forth  in  section  400.27  for  a
  determination as to whether the defendant shall be sentenced  to  death,
  life  imprisonment  without  parole or to a term of imprisonment for the
  class A-I felony of murder in the first degree other than a sentence  of
  life imprisonment without parole; or

(c) set the sentence aside and remand the case for resentencing by the
  court for a determination as to whether the defendant shall be sentenced
  to life imprisonment without parole or to a term of imprisonment for the
  class  A-I felony of murder in the first degree other than a sentence of
  life imprisonment without parole.

Last modified: February 3, 2019