New York Laws
Article 470 - Appeals--Determination Thereof
470.35 - Determination by Court of Appeals of Appeals From Orders of Intermediate Appellate Courts; Scope of Review.

(a) Any question of law which was determined by the intermediate
appellate court and which, as so determined, constituted a basis for
such court's order of reversal or modification; and
(b) Any other question of law involving alleged or possible error or
defect in the criminal court proceedings resulting in the original
judgment, sentence or order which may have adversely affected the party
who was appellant in the intermediate appellate court and who is
respondent in the court of appeals. The court of appeals is not
precluded from considering and determining such a question by the
circumstance that it was not considered or determined by the
intermediate appellate court, or that it did not constitute a basis for
such court's reversal or modification, or that the party who may have
been adversely affected thereby is the respondent rather than the
appellant in the court of appeals; and the court of appeals, even though
rejecting the intermediate appellate court's reasons for its order of
reversal or modification, may affirm or modify such order upon the basis
of such other questions; and
(c) Any question concerning the legality of the corrective action
taken by the intermediate appellate court.
3. Upon such an appeal, the court must affirm, reverse or modify the
intermediate appellate court order.