Court Opinions

State Laws

US Code

US Constitution

New York Criminal Procedure - Article 450 - § 450.20 Appeal by People to Intermediate Appellate Court; in What Cases Authorized

Legal Research Home > New York Laws > New York Criminal Procedure (CPL) > New York Criminal Procedure - Article 450 - § 450.20 Appeal by People to Intermediate Appellate Court; in What Cases Authorized

 
  § 450.20 Appeal by people to intermediate appellate court; in what cases
               authorized.
    An  appeal to an intermediate appellate court may be taken as of right
  by the people from the following  sentence  and  orders  of  a  criminal
  court:
    1.  An  order  dismissing an accusatory instrument or a count thereof,
  entered pursuant to section  170.30,  170.50  or  210.20,  or  an  order
  terminating  a  prosecution  pursuant  to  subdivision  four  of section
  180.85;
    1-a. An  order  reducing  a  count  or  counts  of  an  indictment  or
  dismissing  an  indictment  and  directing  the filing of a prosecutor's
  information, entered pursuant to subdivision one-a of section 210.20;
    2. An order setting aside  a  verdict  and  dismissing  an  accusatory
  instrument  or  a  count  thereof,  entered pursuant to paragraph (b) of
  subdivision one of section 290.10 or 360.40;
    3. An order setting aside  a  verdict,  entered  pursuant  to  section
  330.30 or 370.10;
    4.  A  sentence other than one of death, as prescribed in subdivisions
  two and three of section 450.30;
    5. An order, entered pursuant to section 440.10, vacating  a  judgment
  other than one including a sentence of death;
    6.  An  order,  entered  pursuant  to  section 440.20, setting aside a
  sentence other than one of death;
    7. An order denying a motion by the people, made pursuant  to  section
  440.40, to set aside a sentence other than one of death;
    8.  An  order  suppressing  evidence, entered before trial pursuant to
  section 710.20; provided  that  the  people  file  a  statement  in  the
  appellate court pursuant to section 450.50.
    9.  An  order  entered  pursuant  to  section  460.30 of the penal law
  setting aside or modifying a verdict of forfeiture.
    10. An order, entered pursuant to paragraph (e) of subdivision  twelve
  of section 400.27, finding that the defendant is mentally retarded.
    11.  An order granting a motion, made pursuant to subdivision one-a of
  section 440.30, for forensic DNA testing of evidence.

Last modified: February 15, 2012