Status of accusatory instrument upon order of new trial or restoration of action to pre-pleading status

§ 470.55 Status of accusatory instrument upon order of new trial or\n restoration of action to pre-pleading status.\n 1. Upon a new trial of an accusatory instrument resulting from an\nappellate court order reversing a judgment and ordering such new trial,\nsuch accusatory instrument is deemed to contain all the counts and to\ncharge all the offenses which it contained and charged at the time the\nprevious trial was commenced, regardless of whether any count was\ndismissed by the court in the course of such trial, except (a) those\nupon or of which the defendant was acquitted or deemed to have been\nacquitted, and (b) those dismissed upon appeal or upon some other\npost-judgment order.\n 2. Upon an appellate court order which reverses a judgment based upon\na plea of guilty to an accusatory instrument or a part thereof, but\nwhich does not dismiss the entire accusatory instrument, the criminal\naction is, in the absence of express appellate court direction to the\ncontrary, restored to its pre-pleading status and the accusatory\ninstrument is deemed to contain all the counts and to charge all the\noffenses which it contained and charged at the time of the entry of the\nplea, except those dismissed upon appeal or upon some other\npost-judgment order. Where the plea of guilty was entered and accepted,\npursuant to subdivision three of section 220.30, upon the condition that\nit constituted a complete disposition and dismissal not only of the\naccusatory instrument underlying the judgment reversed but also of one\nor more other accusatory instruments against the defendant then pending\nin the same court, the appellate court order of reversal completely\nrestores such other accusatory instruments; and such is the case even\nwhere the order of reversal dismisses the entire accusatory instrument\nunderlying the judgment reversed.\n