N.Y. CPL Law § 470.35

§ 470.35 Determination by court of appeals of appeals from orders of\n intermediate appellate courts; scope of review.\n 1. Upon an appeal to the court of appeals from an order of an\nintermediate appellate court affirming a judgment, sentence or order of\na criminal court, the court of appeals may consider and determine not\nonly questions of law which were raised or considered upon the appeal to\nthe intermediate appellate court, but also any question of law involving\nalleged error or defect in the criminal court proceedings resulting in\nthe original criminal court judgment, sentence or order, regardless of\nwhether such question was raised, considered or determined upon the\nappeal to the intermediate appellate court.\n 2. Upon an appeal to the court of appeals from an order of an\nintermediate appellate court reversing or modifying a judgment, sentence\nor order of a criminal court, the court of appeals may consider and\ndetermine:\n (a) Any question of law which was determined by the intermediate\nappellate court and which, as so determined, constituted a basis for\nsuch court's order of reversal or modification; and\n (b) Any other question of law involving alleged or possible error or\ndefect in the criminal court proceedings resulting in the original\njudgment, sentence or order which may have adversely affected the party\nwho was appellant in the intermediate appellate court and who is\nrespondent in the court of appeals. The court of appeals is not\nprecluded from considering and determining such a question by the\ncircumstance that it was not considered or determined by the\nintermediate appellate court, or that it did not constitute a basis for\nsuch court's reversal or modification, or that the party who may have\nbeen adversely affected thereby is the respondent rather than the\nappellant in the court of appeals; and the court of appeals, even though\nrejecting the intermediate appellate court's reasons for its order of\nreversal or modification, may affirm or modify such order upon the basis\nof such other questions; and\n (c) Any question concerning the legality of the corrective action\ntaken by the intermediate appellate court.\n 3. Upon such an appeal, the court must affirm, reverse or modify the\nintermediate appellate court order.\n