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Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts


Rules of the Chief Administrative Judge


PART 105. Expedited Criminal Appeal Of An Order Reducing An Indictment Or Dismissing An Indictment And Directing The Filing Of A Prosecutor's Information
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105.1 General
105.2 Request to expedite appeal
105.3 Procedure
105.4 Court-assigned counsel to continue representation

Section 105.1 General.

This Part shall govern the procedure for an expedited appeal to the Appellate Division, pursuant to CPL 210.20(6)(c), 450.20(1-a) and 450.55, of an order by a superior court reducing a count or counts of an indictment or dismissing an indictment and directing the filing of a prosecutor's information.

Historical Note
Sec. filed Oct. 29, 1990 eff. Sept. 1, 1990.

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Section 105.2 Request to expedite appeal.

After the People file and serve a notice of appeal pursuant to CPL 460.10(1), either party may request that the Appellate Division to which the appeal has been taken expedite the appeal. If a request is made, the Appellate Division shall hear the appeal on an expedited basis as set forth in this Part.

Historical Note
Sec. filed Oct. 29, 1990 eff. Sept. 1, 1990.

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Section 105.3 Procedure.

(a) The Appellate Division shall establish an expedited briefing schedule for the appeal. Briefs may be typewritten or reproduced. The People shall file nine copies of a brief and an appendix, which shall include a copy of the indictment and the trial court's decision and order. The respondent shall file nine copies of a brief and, if necessary, an appendix. One copy of the brief and appendix shall be served on opposing counsel.

(b) The appeal may be taken on one original record, which shall include copies of the indictment, the motion papers, the trial court's decision and order, and the notice of appeal.

(c) The People shall file with the Appellate Division, separately from the record, one copy of the grand jury minutes.

(d) The Appellate Division shall give preference to the hearing of an appeal perfected pursuant to this Part and shall determine the appeal as expeditiously as possible.

Historical Note
Sec. filed Oct. 29, 1990 eff. Sept. 1, 1990.

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Section 105.4 Court-assigned counsel to continue representation.

Unless otherwise ordered by the Appellate Division, if the defendant is represented in a superior court by court-assigned counsel, such counsel shall continue to represent the defendant in any appeal by the People of an order reducing an indictment or dismissing an indictment and directing the filing of a prosecutor's information.

Historical Note
Sec. filed Oct. 29, 1990 eff. Sept. 1, 1990.

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