In a criminal case, if a remand on a (3rd) appeal results in a "full" resentencing, that results in a lesser sentence, vacates the original sentence (as the sentencing court stated), does it also vacate or nullify the original appeal ?
1 Answer from Attorneys
Its hard to understand exactly what you are asking.
Are you asking whether you have a right to appeal from the new sentence? The answer should be yes, if there is a basis for appealing and you appeal timely.
If you are asking whether you can file a new direct appeal from the original conviction, the answer is probably no.
You may have a new collateral appeal, such as a CPL 440 motion or a coram nobis motion or a habeas corpus petition.
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