§ 470.05 — Determination of appeals; general criteria

New York § 470.05

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title M: Proceedings After Judgment
• Part 2: The Principal Proceedings
• Art. 470: Appeals--determination Thereof

Text

§ 470.05 Determination of appeals; general criteria.\n 1. An appellate court must determine an appeal without regard to\ntechnical errors or defects which do not affect the substantial rights\nof the parties.\n 2. For purposes of appeal, a question of law with respect to a ruling\nor instruction of a criminal court during a trial or proceeding is\npresented when a protest thereto was registered, by the party claiming\nerror, at the time of such ruling or instruction or at any subsequent\ntime when the court had an opportunity of effectively changing the same.\nSuch protest need not be in the form of an "exception" but is sufficient\nif the party made his position with respect to the ruling or instruction\nknown to the court, or if in reponse to a protest by a party, the court\nexpressly decided the question raised on appeal. In addition, a party\nwho without success has either expressly or impliedly sought or\nrequested a particular ruling or instruction, is deemed to have thereby\nprotested the court's ultimate disposition of the matter or failure to\nrule or instruct accordingly sufficiently to raise a question of law\nwith respect to such disposition or failure regardless of whether any\nactual protest thereto was registered.\n