Legal Question in Criminal Law in New York

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 ?

Asked on 5/03/19, 11:42 am

1 Answer from Attorneys

Zev Goldstein Law Office of Zev Goldstein PLLC

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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Answered on 5/03/19, 11:49 am

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