N.Y. Comp. Codes R. & Regs. tit. 22 § 200.33

Current through Register Vol. 46, No. 45, November 2, 2024

Section 200.33 - Perfection of criminal appeals

(a) When a notice of appeal is filed with a local court, a copy shall be filed with the county clerk by the person filing with the local court. After an appeal has been taken pursuant to C PL 460.10(2), and within 10 days after two transcripts of the stenographic minutes of the proceedings shall have been filed with the local criminal court pursuant to C PL 460.70(1), the local criminal court shall file with the clerk of the county court the notice of appeal, a transcript of the proceedings, a copy of the accusatory instrument and any decision on pretrial motions, and shall notify the appellant and the respondent. If the local criminal court does not file the notice of appeal and transcript within the prescribed period, or if the transcript is defective, the county court, upon application of appellant or respondent, shall order the local criminal court to file them or shall order the parties to settle the transcript before the local court in the manner prescribed by CPLR 5525(c) within a designated time which the county court deems reasonable.

(b) Within 20 days after the affidavit of errors and the return of the lower court have been filed with the county court, where an appeal has been taken pursuant to C PL 460.10(3), or within 20 days after the notice of appeal and transcript have been filed with the county court, where an appeal has been taken pursuant to C PL 460.10(2), appellant shall notice the appeal for the next term or special term of county court by filing with the judge of the county court, not less than 14 days prior to the date for which the appeal has been notice, a brief and notice of argument with proof of service of a copy of each upon respondent. If the defendant is the appellant and the district attorney did not appear in the local criminal court, defendant shall also file proof of service of a copy of the brief and notice of argument upon the district attorney. Respondent's brief, or the district attorney's brief, if any, shall be filed with the judge of the county court within 12 days after service of appellant's brief, with proof of service of a copy upon appellant.

(c) If appellant does not comply herewith, the county court may, upon respondent's motion, or upon its own motion, dismiss the appeal.

(d) Upon motion, the county court judge hearing the appeal may, for good cause shown, extend the time to a subsequent term or special term, in which case the appellant must notice the appeal for such subsequent term. Unless otherwise ordered by the court, appeals may be submitted without oral argument. Motions for reargument may be made after decision is rendered, and must be made within 30 days after service upon the moving party of a copy of the order entered on the decision, with written notice of the entry.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 200.33