N.Y. Criminal Procedure Law 470.45 – Remission of case by appellate court to criminal court upon reversal or modification of judgment; action by criminal court
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§ 470.45 Remission of case by appellate court to criminal court upon
Terms Used In N.Y. Criminal Procedure Law 470.45
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
reversal or modification of judgment; action by criminal
court.
Upon reversing or modifying a judgment and directing corrective action, an appellate court must remit the case to the criminal court in which the judgment was entered. Such criminal court must execute the direction of the appellate court and must, depending upon the nature of such direction, either discharge the defendant from custody, exonerate his bail or issue a securing order.