AN APPEAL IN A CRIMINAL CASE OPENS THE ENTIRE CASE FOR REVIEW ON ANY QUESTION INCLUDING ONE NOT RAISED BY THE PARTIES:

    When an accused appeals from the sentence of the trial court, he or she waives the constitutional safeguard against double jeopardy and throws the whole case open to the review of the appellate court, which is then called upon to render such judgment as law and justice dictate. An appeal confers upon the appellate court jurisdiction to examine the records, revise the judgment appealed from, increase (or reduce) the penalty, and cite the proper provision of the penal law. The appellate court may, and generally does, look into the entire records to ensure that no fact of weight or substance has been overlooked, misapprehended, or misapplied by the trial court. (GEROCHE VS. PEOPLE [2014]).

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