N.Y. Comp. Codes R. & Regs. tit. 22 § 600.16

Current through Register Vol. 46, No. 36, September 4, 2024

Section 600.16 - Appeal from an order concerning a grand jury report; appeal from a judgment predicated upon the entry of a plea of guilty

(a) Appeal from an order concerning a grand jury report. The mode, time and manner for perfecting an appeal from an order accepting a report of a grand jury pursuant to C PL 190.85(1)(a), or from an order sealing a report of a grand jury pursuant to C PL 190.85(5) shall be in accordance with the sections hereof governing appeals in criminal cases. An appeal from such an order shall be a preferred cause and may be added to the term calendar by stipulation approved by the court or upon motion made in the manner provided by section 600.2 of this Part. The record, briefs and other papers on such an appeal shall be sealed and not be available for public inspection except as permitted by C PL 190.85(3). Unless otherwise directed by the court, oral argument will not be allowed.

(b) Appeal from a judgment predicated upon the entry of a plea of guilty. On an appeal from a judgment rendered in a criminal proceeding following entry of a guilty plea pursuant to CPL article 220, respondent may elect to file a brief that urges an affirmance of the judgment solely upon a claim that there is no reviewable issue because appellant made a valid waiver of the right to appeal. Upon the submission or argument of the appeal, the court in its discretion may direct the respondent to submit a supplemental brief addressing additional issues to which the appellant may reply.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 600.16