New York Criminal Procedure Law Section 470.35 - Determination by court of appeals of appeals from orders of intermediate appellate courts; scope of review.

470.35    Determination by court of appeals of appeals from orders of
           intermediate appellate courts; scope of review.
1.   Upon an appeal to the court  of  appeals  from  an  order  of  an
  intermediate  appellate court affirming a judgment, sentence or order of
  a criminal court, the court of appeals may consider  and  determine  not
  only questions of law which were raised or considered upon the appeal to
  the intermediate appellate court, but also any question of law involving
  alleged  error  or defect in the criminal court proceedings resulting in
  the original criminal court judgment, sentence or order,  regardless  of
  whether  such  question  was  raised,  considered or determined upon the
  appeal to the intermediate appellate court.
2.   Upon an appeal to the court  of  appeals  from  an  order  of  an
  intermediate appellate court reversing or modifying a judgment, sentence
  or  order  of  a  criminal  court, the court of appeals may consider and
  determine:
(a)  Any question of law which  was  determined  by  the  intermediate
  appellate  court  and  which,  as so determined, constituted a basis for
  such court's order of reversal or modification; and
(b)  Any other question of law involving alleged or possible error  or
  defect  in  the  criminal  court  proceedings  resulting in the original
  judgment, sentence or order which may have adversely affected the  party
  who  was  appellant  in  the  intermediate  appellate  court  and who is
  respondent in the court of  appeals.    The  court  of  appeals  is  not
  precluded  from  considering  and  determining  such  a  question by the
  circumstance  that  it  was  not  considered  or   determined   by   the
  intermediate  appellate court, or that it did not constitute a basis for
  such court's reversal or modification, or that the party  who  may  have
  been  adversely  affected  thereby  is  the  respondent  rather than the
  appellant in the court of appeals; and the court of appeals, even though
  rejecting the intermediate appellate court's reasons for  its  order  of
  reversal or modification, may affirm or modify such order upon the basis
  of such other questions; and
(c)    Any  question  concerning the legality of the corrective action
  taken by the intermediate appellate court.
3.  Upon such an appeal, the court must affirm, reverse or modify  the
  intermediate appellate court order.

Last modified: February 3, 2019