Remission of case by appellate court to criminal court upon reversal or modification of judgment; action by criminal court · as in force on May 31, 2026
§ 470.45 Remission of case by appellate court to criminal court upon
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.
After reversing or modifying a judgment and ordering corrective action, the appellate court must return the case to the criminal court that entered the judgment. That court must carry out the direction and, as appropriate, release the defendant, exonerate bail, or issue a securing order. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.