§ 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. Electronically recorded
proceedings that were not recorded by a stenographer shall be
transcribed and filed with the court as directed by the chief
administrator of the courts. 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.