N.Y. Criminal Procedure Law § 470.05 : Proceedings After Judgment — Criminal Procedure — Appeals-Determination Thereof — Determination of appeals; general criteria

23 Jun 2016

Current through 2016 New York Laws, Chapters 1 to 237

1. An appellate court must determine an appeal without regard to technical errors or defects which do not affect the substantial rights of the parties.
2. For purposes of appeal, a question of law with respect to a ruling or instruction of a criminal court during a trial or proceeding is presented when a protest thereto was registered, by the party claiming error, at the time of such ruling or instruction or at any subsequent time when the court had an opportunity of effectively changing the same. Such protest need not be in the form of an "exception" but is sufficient if the party made his position with respect to the ruling or instruction known to the court, or if in reponse to a protest by a party, the court expressly decided the question raised on appeal. In addition, a party who without success has either expressly or impliedly sought or requested a particular ruling or instruction, is deemed to have thereby protested the court's ultimate disposition of the matter or failure to rule or instruct accordingly sufficiently to raise a question of law with respect to such disposition or failure regardless of whether any actual protest thereto was registered.
N.Y. Crim. Proc. Law § 470.05