Can a criminal appeal be reversed or remanded?

Yes, a criminal appeal can be reversed or remanded in the state of New York. This happens when an appellate court finds that the original conviction was not legally sound. In New York, the Appellate Division of the Supreme Court is responsible for reviewing and reversing criminal convictions. When a criminal appeal is reversed, the appellate court will send the case back to the trial court with instructions to retry the case or enter an appropriate order, such as an acquittal. The instructions that the appellate court sends back to the trial court is known as a remand. In order for an appellate court to reverse or remand a criminal conviction, they must first determine that there was a legal error in the original trial. This could include errors in the way evidence was used or the jury instructions that were given, among other things. If the appellate court finds that there were legal errors that were prejudicial to the outcome of the trial, they may reverse the conviction and remand the case back to the trial court so that it can be retried. In conclusion, a criminal appeal in New York can be reversed or remanded if the appellate court finds that legal errors prejudiced the outcome of the trial. The appellate court will then send instructions back to the trial court as to how to proceed, which is known as a remand.

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