Reargument of appeal; motion and criteria for

Criminal Procedure

Section: 470.50

Jurisdiction: NY

Bluebook Citation: N.Y. Crim. Proc. Law § 470.50

§ 470.50 Reargument of appeal; motion and criteria for.\n 1. After its determination of an appeal taken pursuant to article\nfour hundred fifty, an appellate court, in the interest of justice and\nfor good cause shown, may in its discretion, upon motion of a party\nadversely affected by its determination, or upon its own motion, order a\nreargument or reconsideration of the appeal. Upon such an order the\ncourt may either direct further oral argument by the parties or confine\nits reconsideration to re-examination of the issues as previously argued\nor submitted upon the appeal proper. Upon ordering a reargument or\nreconsideration of an appeal, the court must again determine the appeal\npursuant to the provisions of this article.\n 2. The court of appeals may promulgate rules limiting the time within\nwhich a motion for reargument of appeals determined by such court may be\nmade, and the appellate division of each department may similarly\npromulgate such rules with respect to appeals determined by such\nappellate division and appeals determined by the other intermediate\nappellate courts located within such department. In the absence of any\nsuch rule of limitation, a motion for reargument may be made at any\ntime.\n

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