N.Y. Comp. Codes R. & Regs. tit. 22 § 1100.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1100.2 - Procedure

(a) Upon filing the notice of appeal, the People shall give notice to the Appellate Division that an appeal is pending pursuant to Criminal Procedure Law, 400.27(12)(f) and request that an expedited briefing schedule be set.

(b) The Appellate Division shall establish an expedited briefing schedule for the appeal. Briefs may be typewritten or reproduced. Both the People and the defendant shall file nine copies of a brief, and one copy of the brief shall be served on opposing counsel.

(c) The appeal may be taken on one original record, which shall include copies of the indictment, the motion papers, the minutes of, and all exhibits in, the hearing on mental retardation held in the superior court, the court's decision and order, and the notice of appeal.

(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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1100.2