New York Consolidated Law

Article 460 - NY Criminal Procedure Law

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• CPL ›
• Part 2 ›
• Title M ›
• Article 460

S 460.10 Appeal; how taken.
   1.  Except  as provided in subdivisions two and three, an appeal taken
  as of right to an intermediate appellate court or directly to the  court
  of  appeals  from  a  judgment, sentence or order of a criminal court is
  taken as follows:
    (a) A party seeking to appeal from a judgment  or  a  sentence  or  an
  order  and sentence included within such judgment, or from a resentence,
  or from an order of a criminal court not included in a  judgment,  must,
  within  thirty days after imposition of the sentence or, as the case may
  be, within thirty days after service upon such party of  a  copy  of  an
  order  not  included  in a judgment, file with the clerk of the criminal
  court in which such sentence was imposed or  in  which  such  order  was
  entered  a  written  notice  of  appeal, in duplicate, stating that such
  party appeals therefrom to a designated appellate court.
    (b)  If the defendant is the appellant, he must,  within  such  thirty
  day  period,  serve  a  copy  of such notice of appeal upon the district
  attorney of the  county  embracing  the  criminal  court  in  which  the
  judgment or order being appealed was entered.  If the appeal is directly
  to  the  court of appeals, the district attorney, following such service
  upon him, must immediately give written notice  thereof  to  the  public
  servant having custody of the defendant.
    (c)    If  the people are the appellant, they must, within such thirty
  day period, serve a copy of such notice of appeal upon the defendant  or
  upon  the  attorney  who last appeared for him in the court in which the
  order being appealed was entered.
    (d)  Upon filing and service of the notice of appeal as prescribed  in
  paragraphs (a), (b) and (c), the appeal is deemed to have been taken.
    (e)    Following  the  filing  with  him  of  the  notice of appeal in
  duplicate, the clerk of the court in which  the  judgment,  sentence  or
  order  being  appealed  was  entered  or imposed, must endorse upon such
  instruments the filing date and must transmit the  duplicate  notice  of
  appeal to the clerk of the court to which the appeal is being taken.
    2.    An appeal taken as of right to a county court or to an appellate
  term of the supreme court from a judgment, sentence or order of a  local
  criminal  court  in  a  case  in  which  the underlying proceedings were
  recorded by a court stenographer is taken  in  the  manner  provided  in
  subdivision  one;  except  that where no clerk is employed by such local
  criminal court the appellant must file the notice  of  appeal  with  the
  judge of such court, and must further file a copy thereof with the clerk
  of the appellate court to which the appeal is being taken.
    3.    An appeal taken as of right to a county court or to an appellate
  term of the supreme court from a judgment, sentence or order of a  local
  criminal  court  in  a case in which the underlying proceedings were not
  recorded by a court stenographer is taken as follows:
    (a)   Within thirty days after  entry  or  imposition  in  such  local
  criminal  court  of  the judgment, sentence or order being appealed, the
  appellant must file with such court either (i) an affidavit  of  errors,
  setting forth alleged errors or defects in the proceedings which are the
  subjects  of  the appeal, or (ii) a notice of appeal.  Where a notice of
  appeal is filed, the appellant  must  serve  a  copy  thereof  upon  the
  respondent  in  the  manner  provided  in  paragraphs  (b)  and  (c)  of
  subdivision one, and, within thirty days after the filing thereof,  must
  file with such court an affidavit of errors.
    (b)    Not  more  than three days after the filing of the affidavit of
  errors, the appellant must serve a copy thereof upon the  respondent  or
  the respondent's counsel or authorized representative.  If the defendant
  is the appellant, such service must be upon the district attorney of the
  county  in which the local criminal court is located.  If the people are
  the appellant, such service must be  upon  the  defendant  or  upon  the
  attorney  who  appeared for him in the proceedings in the local criminal
  court.
    (c)   Upon filing and service of the affidavit of errors as prescribed
  in paragraphs (a) and (b), the appeal is deemed to have been taken.
    (d)  Within ten days after the appellant's filing of the affidavit  of
  errors  with  the  local  criminal  court, such court must file with the
  clerk of the appellate court to which the appeal has been taken both the
  affidavit of errors and the court's return, and must deliver a  copy  of
  such  return  to  each party or a representative thereof as indicated in
  paragraph (b).  The court's return must set forth or summarize evidence,
  facts or occurrences in or adduced at the proceedings resulting  in  the
  judgment, sentence or order, which constitute the factual foundation for
  the contentions alleged in the affidavit of errors.
    (e)   If the local criminal court does not file such return within the
  prescribed period, or if it files  a  defective  return,  the  appellate
  court, upon application of the appellant, must order such local criminal
  court  to file a return or an amended return, as the case may be, within
  a designated time which such appellate court deems reasonable.
    4. An appeal by a defendant to  an  intermediate  appellate  court  by
  permission, pursuant to section 450.15, is taken as follows:
    (a)   Within thirty days after service upon the defendant of a copy of
  the order sought to be appealed, the defendant  must  make  application,
  pursuant  to  section 460.15, for a certificate granting leave to appeal
  to the intermediate appellate court.
    (b)  If such application is granted and such  certificate  is  issued,
  the  defendant,  within  fifteen  days after issuance thereof, must file
  with the criminal court in which the order sought  to  be  appealed  was
  rendered  the  certificate  granting  leave  to  appeal  together with a
  written notice of appeal, or if the appeal  is  from  a  local  criminal
  court in a case in which the underlying proceedings were not recorded by
  a  court  stenographer,  either  (i)  an  affidavit of errors, or (ii) a
  notice of appeal.  In all other respects the appeal shall  be  taken  as
  provided in subdivisions one, two and three.
    5.  An appeal to the court of appeals from an order of an intermediate
  appellate court is taken as follows:
    (a)  Within  thirty days after service upon the appellant of a copy of
  the order sought to be appealed, the appellant  must  make  application,
  pursuant  to  section 460.20, for a certificate granting leave to appeal
  to the court  of  appeals.  The  appellate  division  of  each  judicial
  department  shall  adopt rules governing the procedures for service of a
  copy of such order.
    (b)  If such application is granted, the issuance of  the  certificate
  granting leave to appeal shall constitute the taking of the appeal.
    6.    Where a notice of appeal, an affidavit of errors, an application
  for  leave  to  appeal  to  an  intermediate  appellate  court,  or   an
  application  for leave to appeal to the court of appeals is premature or
  contains an inaccurate description of the judgment,  sentence  or  order
  being  or sought to be appealed, the appellate court, in its discretion,
  may, in the interest of justice, treat such instrument as valid.   Where
  an  appellant files a notice of appeal within the prescribed period but,
  through mistake, inadvertence or excusable neglect,  omits  to  serve  a
  copy  thereof  upon  the  respondent  within  the prescribed period, the
  appellate court to which the appeal is sought to be taken  may,  in  its
  discretion  and  for  good  cause  shown, permit such service to be made
  within a designated period of time, and upon such service the appeal  is
  deemed to be taken.

S 460.15. Certificate granting leave to appeal to intermediate
               appellate court.
  1.  A certificate granting leave to appeal to an intermediate
appellate court is an order of one judge or justice of the intermediate
appellate court to which the appeal is sought to be taken granting such
permission and certifying that the case involves questions of law or
fact which ought to be reviewed by the intermediate appellate court.
  2.  An application for such a certificate must be made in a manner
determined by the rules of the appellate division of the department in
which such intermediate appellate court is located. Not more than one
application may be made for such a certificate.

S 460.20 Certificate granting leave to appeal to court of appeals.
  1.  A certificate granting leave to appeal to the court of appeals
from an order of an intermediate appellate court is an order of a judge
granting such permission and certifying that the case involves a
question of law which ought to be reviewed by the court of appeals.
  2.  Such certificate may be issued by the following judges in the
indicated situations:
  (a)  Where the appeal sought is from an order of the appellate
division, the certificate may be issued by (i) a judge of the court of
appeals or (ii) a justice of the appellate division of the department
which entered the order sought to be appealed.
  (b)  Where the appeal sought is from an order of an intermediate
appellate court other than the appellate division, the certificate may
be issued only by a judge of the court of appeals.
  3.  An application for such a certificate must be made in the
following manner:
  (a)  An application to a justice of the appellate division must be
made upon reasonable notice to the respondent;
  (b)  An application seeking such a certificate from a judge of the
court of appeals must be made to the chief judge of such court by
submission thereof, either in writing or first orally and then in
writing, to the clerk of the court of appeals.  The chief judge must
then designate a judge of such court to determine the application.  The
clerk must then notify the respondent of the application and must inform
both parties of such designation.
  4.  A justice of the appellate division to whom such an application
has been made, or a judge of the court of appeals designated to
determine such an application, may in his discretion determine it upon
such papers as he may request the parties to submit, or upon oral
argument, or upon both.
  5.  Every judge or justice acting pursuant to this section shall file
with the clerk of the court of appeals, immediately upon issuance, a
copy of every certificate granting or denying leave to appeal.

S 460.30 Extension of time for taking appeal.
  1.   Upon motion to an intermediate appellate court of a defendant who
  desires to take an appeal to such court from  a  judgment,  sentence  or
  order  of a criminal court but has failed to file a notice of appeal, an
  application for leave to appeal, or, as the case may be, an affidavit of
  errors, with such criminal court within the prescribed period,  or  upon
  motion  to  the  court  of appeals of a defendant who desires to take an
  appeal to such court from  an  order  of  a  superior  court  or  of  an
  intermediate  appellate court, but has failed to make an application for
  a certificate granting leave to appeal to the court of appeals,  or  has
  failed to file a notice of appeal with the intermediate appellate court,
  within  the  prescribed period, such intermediate appellate court or the
  court of appeals, as the case may be, may order that the  time  for  the
  taking  of  such appeal or applying for leave to appeal be extended to a
  date not more than thirty days subsequent to the determination  of  such
  motion,  upon the ground that the failure to so file or make application
  in timely fashion resulted from (a) improper conduct of a public servant
  or improper conduct, death or disability of the defendant's attorney, or
  (b) inability of the defendant and his attorney to have communicated, in
  person or by mail, concerning whether an appeal should be  taken,  prior
  to  the  expiration  of  the  time within which to take an appeal due to
  defendant's incarceration in an institution and through no lack  of  due
  diligence  or  fault  of the attorney or defendant.  Such motion must be
  made with due diligence after the time for the taking of such appeal has
  expired, and in any case not more than one year thereafter.
    2.  The motion must be in writing and upon reasonable  notice  to  the
  people and with opportunity to be heard.  The motion papers must contain
  sworn  allegations  of  facts claimed to establish the improper conduct,
  inability to communicate,  or  other  facts  essential  to  support  the
  motion, and the people may file papers in opposition thereto.  After all
  papers have been filed, the court must consider the same for the purpose
  of  ascertaining whether the motion is determinable without a hearing to
  resolve issues of fact.
    3.  If the motion papers allege facts constituting a legal  basis  for
  the  motion,  and  if  the essential allegations are either conclusively
  substantiated by unquestionable documentary proof or are conceded by the
  people to be true, the court must grant the motion.
    4.  If the motion papers do not  allege  facts  constituting  a  legal
  basis  for  the  motion,  or  if an essential allegation is conclusively
  refuted by unquestionable documentary proof,  the  court  may  deny  the
  motion.
    5.  If the court does not determine the motion pursuant to subdivision
  three or four, it must order the criminal court which entered or imposed
  the  judgment,  sentence  or  order  sought  to be appealed to conduct a
  hearing and to make  and  report  findings  of  fact  essential  to  the
  determination  of  such  motion.    Upon  receipt  of  such  report, the
  intermediate appellate court or the court of appeals, as  the  case  may
  be, must determine the motion.
    6.   An order of an intermediate appellate court granting or denying a
  motion made pursuant to this section  is  appealable  to  the  court  of
  appeals  if  (a)  such order states that the determination was made upon
  the law alone, and (b) a judge of the  court  of  appeals,  pursuant  to
  procedure  provided  in  section  460.20,  of  this  chapter,  issues  a
  certificate granting leave to the appellant to appeal to  the  court  of
  appeals.

S 460.40 Effect of taking of appeal upon judgment or order of courts
              below; when stayed.
  1. The taking of an appeal by the defendant directly to the court of
appeals, pursuant to subdivision one of section 450.70, from a superior
court judgment including a sentence of death stays the execution of such
sentence.  Except as provided in subdivision two of this section, in no
other case does the taking of an appeal, by either party, in and of
itself stay the execution of any judgment, sentence or order of either a
criminal court or an intermediate appellate court.
  2. The taking of an appeal by the people to an intermediate appellate
court pursuant to subdivision one-a of section 450.20, from an order
reducing a count or counts of an indictment or dismissing an indictment
and directing the filing of a prosecutor`s information, stays the effect
of such order.  In addition, the taking of an appeal by the people to an
intermediate appellate court pursuant to subdivision one of section
450.20, from an order dismissing a count or counts of an indictment
charging murder in the first degree, stays the effect of such order.
  3. Within six months of the effective date of this subdivision, the
court of appeals shall adopt rules to ensure that a defendant is granted
a stay of the execution of any death warrant issued pursuant to article
twenty-two-B of the correction law to allow the defendant an opportunity
to prepare and timely file an initial motion pursuant to section 440.10
or 440.20 seeking to set aside a sentence of death or vacate a judgment
including a sentence of death and to allow the motion and any appeal
from the denial thereof to be timely determined. The rules shall provide
that in the event a defendant seeks to file any subsequent motion with
respect to the judgment or sentence following a final determination of
the defendant`s initial motion pursuant to section 440.10 or 440.20, a
motion for a stay of the execution of the death warrant may only be
granted for good cause shown. The people and the defendant shall have a
right to appeal to the court of appeals from orders granting or denying
such stay motions and any rules adopted pursuant to this subdivision
shall provide that the court of appeals may affirm such orders, reverse
them or modify them upon such terms as the court deems appropriate and
shall provide for the expeditious perfection and determination of such
appeals. Prior to adoption of the rules, the court of appeals shall
issue proposed rules and receive written comments thereon from
interested parties.

S 460.50 Stay of judgment pending appeal to intermediate appellate court.
  1.  Upon application of a defendant who has  taken  an  appeal  to  an
  intermediate  appellate  court  from  a judgment or from a sentence of a
  criminal court, a judge designated in subdivision two may issue an order
  both (a) staying or suspending the execution of the judgment pending the
  determination of the appeal, and (b) either releasing the  defendant  on
  his  own  recognizance  or  fixing  bail  pursuant  to the provisions of
  article five hundred thirty.    That  phase  of  the  order  staying  or
  suspending  execution  of  the judgment does not become effective unless
  and until the defendant is released, either on his own  recognizance  or
  upon the posting of bail.
    2.    An  order  as prescribed in subdivision one may be issued by the
  following judges in the indicated situations:
    (a)  If the appeal is to the appellate division from a judgment  or  a
  sentence  of  either  the  supreme  court  or the New York City criminal
  court, such order may be issued  by  (i)  a  justice  of  the  appellate
  division  of the department in which the judgment was entered, or (ii) a
  justice of the supreme court of  the  judicial  district  embracing  the
  county in which the judgment was entered;
    (b)    If the appeal is to the appellate division from a judgment or a
  sentence of a county court, such order may be issued by (i) a justice of
  such appellate division, or (ii) a justice of the supreme court  of  the
  judicial  district  embracing  the  county  in  which  the  judgment was
  entered, or (iii) a judge of such county court;
    (c)  If the appeal is to an appellate term of the supreme court from a
  judgment or sentence of the New York City criminal court, such order may
  be issued by a justice of the supreme court  of  the  judicial  district
  embracing the county in which the judgment was entered;
    (d)    With  respect  to  appeals  to  county courts from judgments or
  sentences of local criminal courts,  and  with  respect  to  appeals  to
  appellate  terms of the supreme court from judgments or sentences of any
  criminal courts located outside of New York City,  the  judges  who  may
  issue such orders in any particular situation are determined by rules of
  the  appellate  division of the department embracing the appellate court
  to which the appeal has been taken.
    3.  An application for an order specified in this section must be made
  upon reasonable notice to the people, and the people  must  be  accorded
  adequate opportunity to appear in opposition thereto.  Not more than one
  application may be made pursuant to this section.
    4.    Notwithstanding the provisions of subdivision one, if within one
  hundred twenty days after the issuance of such an order the  appeal  has
  not  been  brought  to  argument  in  or  submitted  to the intermediate
  appellate  court,  the  operation  of  such  order  terminates  and  the
  defendant  must  surrender  himself  to  the criminal court in which the
  judgment was  entered  in  order  that  execution  of  the  judgment  be
  commenced  or resumed; except that this subdivision does not apply where
  the intermediate appellate court has (a) extended the time for  argument
  or submission of the appeal to a date beyond the specified period of one
  hundred  twenty  days,  and  (b)  upon  application  of  the  defendant,
  expressly ordered that the operation of the  order  continue  until  the
  date  of the determination of the appeal or some other designated future
  date or occurrence.
    5.  Where the defendant is at liberty during the pendency of an appeal
  as  a  result  of  an  order  issued  pursuant  to  this  section,   the
  intermediate  appellate  court, upon affirmance of the judgment, must by
  appropriate certificate remit the case to the criminal  court  in  which
  such  judgment  was entered.  The criminal court must, upon at least two
  days notice to the defendant, his  surety  and  his  attorney,  promptly
  direct the defendant to surrender himself to the criminal court in order
  that execution of the judgment be commenced or resumed, and if necessary
  the criminal court may issue a bench warrant to secure his appearance.
    6.  Upon application of a defendant who has been granted a certificate
  granting leave to appeal pursuant to section 460.15 of this chapter, and
  in accordance with the procedures set forth in subdivisions three,  four
  and  five of this section, the intermediate appellate court may issue an
  order both (a) staying or  suspending  the  execution  of  the  judgment
  pending  the  determination  of the appeal, and (b) either releasing the
  defendant on his  own  recognizance  or  fixing  bail  pursuant  to  the
  provisions  of  article  five  hundred  thirty.  That phase of the order
  staying  or  suspending  execution  of  the  judgment  does  not  become
  effective  unless and until the defendant is released, either on his own
  recognizance or upon the posting of bail.

S 460.60 Stay of judgment pending appeal to court of appeals from
              intermediate appellate court.
   1. (a) A judge who, pursuant to section 460.20 of  this  chapter,  has
  received  an application for a certificate granting a defendant leave to
  appeal to the  court  of  appeals  from  an  order  of  an  intermediate
  appellate  court  affirming or modifying a judgment including a sentence
  of imprisonment, a  sentence  of  imprisonment,  or  an  order  appealed
  pursuant  to  section  450.15 of this chapter, of a criminal court, may,
  upon application of such defendant-appellant issue  an  order  both  (i)
  staying  or  suspending  the  execution  of  the  judgment  pending  the
  determination of the application for  leave  to  appeal,  and,  if  that
  application  is  granted,  staying  or  suspending  the execution of the
  judgment pending the determination of  the  appeal,    and  (ii)  either
  releasing  the  defendant  on his own recognizance or continuing bail as
  previously determined or fixing  bail  pursuant  to  the  provisions  of
  article  five  hundred thirty.   Such an order is effective  immediately
  and that phase of the order  staying  or  suspending  execution  of  the
  judgment  does  not  become  effective unless and until the defendant is
  released, either on his own recognizance or upon the posting of bail.
    (b) If the application for leave to appeal  is  denied,  the  stay  or
  suspension  pending  the  application  automatically terminates upon the
  signing of the certificate denying leave.   Upon such  termination,  the
  certificate  denying  leave  must be sent to the criminal court in which
  the original judgment was entered, and the latter must  proceed  in  the
  manner provided in subdivision five of section 460.50 of this chapter.
    2.    An  application  pursuant  to  subdivision one must be made upon
  reasonable notice to  the  people,  and  the  people  must  be  accorded
  adequate   opportunity  to  appear  in  opposition  thereto.    Such  an
  application may be made immediately after the entry of the order  sought
  to  be  appealed  or  at  any subsequent time during the pendency of the
  appeal.   Not more than one application may be  made  pursuant  to  this
  section.
    3.    Notwithstanding the provisions of subdivision one, if within one
  hundred twenty days after the issuance of a certificate  granting  leave
  to  appeal,  the  appeal  or  prospective appeal has not been brought to
  argument in or submitted to the court of appeals, the  operation  of  an
  order issued pursuant to subdivision one of this section  terminates and
  the  defendant must surrender himself to the criminal court in which the
  original judgment was entered in order that execution of  such  judgment
  be  commenced  or  resumed;  except that this subdivision does not apply
  where the court of appeals has (a) extended the  time  for  argument  or
  submission  of  the  appeal to a date beyond the specified period of one
  hundred twenty days and (b) upon application of the defendant  expressly
  ordered  that the operation of such order continue until the date of the
  determination of the appeal or some  other  designated  future  date  or
  occurrence.
    4.  Where the defendant is at liberty during the pendency of an appeal
  as  a  result  of an order issued pursuant to this section, the court of
  appeals upon affirmance of the judgment or order, must,  by  appropriate
  certificate,  remit the case to the criminal court in which the judgment
  was entered, and the latter must  proceed  in  the  manner  provided  in
  subdivision five of section 460.50 of this chapter.

S 460.70 Appeal; how perfected.
  1.  Except  as  provided  in subdivision two, the mode of and time for
  perfecting an appeal which has been taken to an  intermediate  appellate
  court  from  a  judgement,  sentence  or  order  of a criminal court are
  determined by rules of the appellate division of the department in which
  such appellate court is located. Among the matters to be  determined  by
  such  court  rules are the times when the appeal must be noticed for and
  brought to argument, the content and form of the records and  briefs  to
  be  served  and filed, and the time when such records and briefs must be
  served and filed.
    When an appeal is taken by a defendant pursuant to section  450.10,  a
  transcript  shall  be  prepared  and settled and shall be filed with the
  criminal court by the court reporter. The expense  for  such  transcript
  and  any  reproduced  copies  of  such  transcript  shall be paid by the
  defendant. Where the defendant is granted permission  to  proceed  as  a
  poor  person  by  the appellate court, the court reporter shall promptly
  make and file with the criminal court a transcript of  the  stenographic
  minutes  of  such  proceedings  as the appellate court shall direct. The
  expense of transcripts and any reproduced copies of transcripts prepared
  for poor persons under this section shall be a state charge payable  out
  of  funds  appropriated  to  the office of court administration for that
  purpose.  The  appellate  court  shall  where  such  is  necessary   for
  perfection  of  the  appeal,  order  that  the  criminal court furnish a
  reproduced copy of such transcript to the defendant or his counsel.
    2. An appeal which has been taken to a county court or to an appellate
  term of the supreme court from a judgment, sentence or order of a  local
  criminal  court  pursuant  to  subdivision  three  of  section 460.10 is
  perfected as follows:
    (a) After the local criminal court has, pursuant to paragraph  (d)  of
  subdivision  three of section 460.10, filed its return with the clerk of
  the appellate court and delivered a copy thereof to the  appellant,  the
  appellant  must  file with such clerk, and serve a copy thereof upon the
  respondent, a notice of argument, noticing the appeal  for  argument  at
  the  term  of  such appellate court immediately following the term being
  held at the time of the appellant's receipt of the return.  Upon  motion
  of the appellant, however, such appellate court may for good cause shown
  enlarge  the time to a subsequent term, in which case the appellant must
  notice the appeal for argument at such subsequent term;
    (b) The appellant must further comply with all court rules  applicable
  to the mode of perfecting such appeals;
    (c) If the appellant does not file a notice of argument as provided in
  paragraph  (a)  or  does  not  comply with all applicable court rules as
  provided in paragraph (b), the appellate court may, either  upon  motion
  of the respondent or upon its own motion, dismiss the appeal.
    3. The mode of and time for perfecting any appeal which has been taken
  to  the  court  of  appeals  are determined by the rules of the court of
  appeals. Among the matters to be determined by such court rules are  the
  times  when  the appeal must be noticed for and brought to argument, the
  content, form and number of the records and briefs and copies thereof to
  be served and filed, and the times when such records and briefs must  be
  served and filed.
    When an appeal is taken by a defendant pursuant to section 450.70, the
  defendant shall cause to be prepared and printed or otherwise duplicated
  pursuant  to  rules of the court of appeals the record on appeal and the
  required  number  of  copies  thereof.  If  the  defendant  is   granted
  permission  to  appeal  as a poor person, the expense thereof shall be a
  state charge payable out of funds appropriated to the  office  of  court
  administration for that purpose.

S 460.80 Appeal; argument and submission thereof.
  The mode of and procedure for arguing or otherwise litigating appeals
in criminal cases are determined by rules of the individual appellate
courts.  Among the matters to be determined by such court rules are the
circumstances in which oral argument is required and those in which the
case may be submitted by either or both parties without oral argument;
the consequences or effect of failure to present oral argument when such
is required; the amount of time for oral argument allowed to each party;
and the number of counsel entitled to be heard.

* S 460.90 Filing  of  papers  on  appeal  to  the appellate division by
               electronic means.
    Notwithstanding any other provision of law, the appellate division  in
  each  judicial  department may promulgate rules authorizing a program in
  the use of electronic means for the taking and perfection of appeals  in
  accordance  with  the provisions of section twenty-one hundred twelve of
  the civil practice law and rules. Provided however, such rules shall not
  require  an  unrepresented  party  or  any  attorney  who  furnishes   a
  certification  specified in subparagraph (i) or (ii) of paragraph (c) of
  subdivision two of section 10.40 of this chapter to take or  perfect  an
  appeal   by   electronic   means.   Provided  further,  however,  before
  promulgating any such rules, the appellate  division  in  each  judicial
  department  shall consult with the chief administrator of the courts and
  shall provide an opportunity for review and comment by all those who are
  or would be affected including district  attorneys;  representatives  of
  the  office  of  indigent  legal  services; not-for-profit legal service
  providers;  public  defenders;  statewide  and   local   specialty   bar
  associations  whose  membership  devotes  a significant portion of their
  practice to assigned criminal cases  pursuant  to  subparagraph  (i)  of
  paragraph  (a)  of subdivision three of section seven hundred twenty-two
  of the county law; institutional providers of criminal defense  services
  and  other  members  of  the  criminal  defense  bar; representatives of
  victims' rights  organizations;  unaffiliated  attorneys  who  regularly
  appear  in  proceedings that are or would be affected by such electronic
  filing program; interested members of the  criminal  justice  community;
  and  any other persons in whose county a program has been implemented in
  any of the courts therein as deemed to be appropriate by  any  appellate
  division.  To the extent practicable, rules promulgated by the appellate
  division in each judicial department pursuant to this section  shall  be
  uniform.  For  purposes  of this section, "electronic means" shall be as
  defined in subdivision (f) of rule twenty-one hundred three of such  law
  and rules.
    * NB Repealed September 1, 2019

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