New York Consolidated Law

Article 450 - NY Criminal Procedure Law

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• Article 450

S 450.10 Appeal by defendant to intermediate appellate court;
             in what cases authorized as of right.
  An appeal to an intermediate appellate court may be taken as of right
by the defendant from the following judgment, sentence and order of a
criminal court:
  1.  A judgment other than one including a sentence of death, unless
the appeal is based solely upon the ground that a sentence was harsh or
excessive when such sentence was predicated upon entry of a plea of
guilty and the sentence imposed did not exceed that which was agreed to
by the defendant as a condition of the plea and set forth on the record
or filed with the court as required by subdivision five of section
220.50 or subdivision four of section 340.20;
  2.  A sentence other than one of death, as prescribed in subdivision
one of section 450.30, unless the appeal is based solely upon the ground
that a sentence was harsh or excessive when such sentence was predicated
upon entry of a plea of guilty and the sentence imposed did not exceed
that which was agreed to by the defendant as a condition of the plea and
set forth in the record or filed with the court as required by
subdivision five of section 220.50 or subdivision four of section
340.20;
  3. A sentence including an order of criminal forfeiture entered
pursuant to section 460.30 of the penal law with respect to such
forfeiture order.
  4. An order, entered pursuant to section 440.40, setting aside a
sentence other than one of death, upon motion of the People.
  5. An order denying a motion, made pursuant to subdivision one-a of
section 440.30, for forensic DNA testing of evidence.

S 450.15 Appeal by defendant to intermediate appellate court;
             in what cases authorized by permission.
  If an appeal by defendant is not authorized as of right pursuant to
section 450.10, the defendant may appeal from the following orders of a
criminal court, provided that a certificate granting leave to appeal is
issued pursuant to section 460.15:
  1.  An order denying a motion, made pursuant to section 440.10, to
vacate a judgment other than one including a sentence of death;
  2.  An order denying a motion by the defendant made pursuant to
section 440.20, to set aside a sentence other than one of death;
  3. A sentence which is not otherwise appealable as of right pursuant
to subdivision one or two of section 450.10.

S 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.

S 450.30 Appeal from sentence.
  1.    An  appeal  by  the  defendant from a sentence, as authorized by
  subdivision two of section 450.10, may be based  upon  the  ground  that
  such sentence either was (a) invalid as a matter of law, or (b) harsh or
  excessive.    A sentence is invalid as a matter of law not only when the
  terms thereof are unauthorized  but  also  when  it  is  based  upon  an
  erroneous   determination  that  the  defendant  had  a  previous  valid
  conviction for an offense or, in the case of a  resentence  following  a
  revocation  of a sentence of probation or conditional discharge, upon an
  improper  revocation  of  such  original  sentence.  An  appeal  by  the
  defendant from a sentence, as authorized by subdivision three of section
  450.15,  may  be  based  upon the ground that such sentence was harsh or
  excessive.
    2.   An appeal by  the  people  from  a  sentence,  as  authorized  by
  subdivision  four  of  section 450.20, may be based only upon the ground
  that such sentence was invalid as a matter of law.
    3.  An appeal from a sentence, within the meaning of this section  and
  sections  450.10  and  450.20,  means an appeal from either the sentence
  originally imposed or from a resentence following an order vacating  the
  original sentence.  For purposes of appeal, the judgment consists of the
  conviction  and the original sentence only, and when a resentence occurs
  more than thirty days after the original sentence, a defendant  who  has
  not previously filed a notice of appeal from the judgment may not appeal
  from the judgment, but only from the resentence.
    4.    When  as  a  result  of a successful appeal by the people from a
  sentence, the defendant receives a resentence the  terms  of  which  are
  more  severe  than  those  of  the  original  or  reversed sentence, the
  defendant, if he has not taken an appeal from the  judgment,  may,  even
  though  the  period  for  doing  so  as prescribed in section 460.10 has
  expired, take such an appeal by filing and serving a notice  of  appeal,
  or  an  affidavit of errors as the case may be, within thirty days after
  imposition of the resentence.  Upon such an appeal, only the  conviction
  is  reviewable;  and  any  appellate challenge to the resentence must be
  made upon a separate appeal therefrom.

S 450.40 Appeal by people from trial order of dismissal.
  1.  An appeal by the people from a trial order of dismissal, as
authorized by subdivision two of section 450.20, may, as indicated by
section 290.10, be based either (a) upon the ground that the evidence
adduced at the trial was legally sufficient to support the count or
counts of the accusatory instrument dismissed by the order, or (b) upon
the ground that, though not legally sufficient, such evidence would have
been legally sufficient had the court not erroneously excluded
admissible evidence offered by the people.
  2.  If the appeal is based upon the ground specified in paragraph (b)
of subdivision one, and if the appellate court determines that the
evidence unsuccessfully offered by the people was improperly excluded,
and if at the trial the people made on offer of proof with respect
thereto pursuant to subdivision three of section 290.10, the appellate
court, in making its determination whether the people`s evidence would
have been legally sufficient had it not been for the improper exclusion,
must treat the excluded evidentiary matter as it is summarized in the
offer of proof as evidence constituting a part of the people`s case.

S 450.50 Appeal by people from order suppressing evidence; filing of
              statement in appellate court.
  1.  In taking an appeal, pursuant to subdivision eight of section
450.20, to an intermediate appellate court from an order of a criminal
court suppressing evidence, the people must file, in addition to a
notice of appeal or, as the case may be, an affidavit of errors, a
statement asserting that the deprivation of the use of the evidence
ordered suppressed has rendered the sum of the proof available to the
people with respect to a criminal charge which has been filed in the
court either (a) insufficient as a matter of law, or (b) so weak in its
entirety that any reasonable possibility of prosecuting such charge to a
conviction has been effectively destroyed.
  2.  The taking of an appeal by the people, pursuant to subdivision
eight of section 450.20, from an order suppressing evidence constitutes
a bar to the prosecution of the accusatory instrument involving the
evidence ordered suppressed, unless and until such suppression order is
reversed upon appeal and vacated.

S 450.55 Appeal by people from order reducing a count of an indictment
              or directing the filing of a prosecutor`s information.
  In taking an appeal to an intermediate appellate court pursuant to
subdivision one-a of section 450.20, the people shall file a notice of
appeal. Upon request of either party, the hearing and determination of
such appeal shall be conducted in an expeditious manner. The chief
administrator of the courts, with the advice and consent of the
administrative board of the courts, shall adopt rules for the
expeditious briefing, hearing and determination of such appeals.

S 450.60 Appeal to intermediate appellate court; to what court taken.
  The particular intermediate appellate courts to which appeals
authorized by sections 450.10 and 450.20 must be taken are as follows:
  1.  An appeal from a judgment, sentence or order of the supreme court
must be taken to the appellate division of the department in which such
judgment, sentence or order was entered.
  2.  An appeal from a judgment, sentence or order of a county court
must be taken to the appellate division of the department in which such
judgment, sentence or order was entered.
  3.  An appeal from a judgment, sentence or order of a local criminal
court located outside of New York City must, except as otherwise
provided in this subdivision, be taken to the county court of the county
in which such judgment, sentence or order was entered.
  If the appellate division of the second, third or fourth department
has established an appellate term of the supreme court for its
department, it may direct that appeals from such judgments, sentences
and orders of such local criminal courts, or of particular
classifications of such local criminal courts, be taken to such
appellate term of the supreme court instead of to the county court; and
in such case such an appeal must be so taken.
  4.  An appeal from a judgment, sentence or order of the New York City
criminal court must be taken, if such judgment, sentence or order was
entered at a term of such court held in New York or Bronx county, to the
appellate division of the first department, and, if entered at a term of
such court held in Kings, Queens or Richmond county, to the appellate
division of the second department; except that if the appellate division
of either such department has established an appellate term of the
supreme court for its department, it may direct that all such appeals be
taken thereto; and in such case such an appeal must be so taken.

S 450.70 Appeal by defendant directly to court of appeals; in what
              cases authorized.
  An appeal directly to the court of appeals may be taken as of right by
the defendant from the following judgment and orders of a superior
court:
  1.  A judgment including a sentence of death;
  2.  An order denying a motion, made pursuant to section 440.10, to
vacate a judgment including a sentence of death;
  3. An order denying a motion, made pursuant to section 440.20, to set
aside a sentence of death;
  4. An order denying a motion, made pursuant to paragraph (d) of
subdivision eleven of section 400.27, to set aside a sentence of death.

S 450.80 Appeal by people directly to court of appeals; in what
              cases authorized.
  An appeal directly to the court of appeals may be taken as of right by
the people from the following orders of a superior court:
  1. An order, entered pursuant to section 440.10, vacating a judgment
including a sentence of death;
  2. An order, entered pursuant to section 440.20, setting aside a
sentence of death;
  3. An order, entered pursuant to paragraph (d) of subdivision eleven
of section 400.27, setting aside a sentence of death;
  4. An order, entered pursuant to subdivision twelve of section 400.27,
setting aside a sentence of death.

S 450.90 Appeal to court of appeals from order of intermediate appellate
              court; in what cases authorized.
  1. Provided that a certificate granting leave to appeal is issued
pursuant to section 460.20, an appeal may, except as provided in
subdivision two, be taken to the court of appeals by either the
defendant or the people from any adverse or partially adverse order of
an intermediate appellate court entered upon an appeal taken to such
intermediate appellate court pursuant to section 450.10, 450.15, or
450.20 or from an order granting or denying a motion to set aside an
order of an intermediate appellate court on the ground of ineffective
assistance or wrongful deprivation of appellate counsel. An order of an
intermediate appellate court is adverse to the party who was the
appellant in such court when it affirms the judgment, sentence or order
appealed from, and is adverse to the party who was the respondent in
such court when it reverses the judgment, sentence or order appealed
from. An appellate court order which modifies a judgment or order
appealed from is partially adverse to each party.
  2. An appeal to the court of appeals from an order of an intermediate
appellate court reversing or modifying a judgment, sentence or order of
a criminal court may be taken only if:
  (a) The court of appeals determines that the intermediate appellate
court`s determination of reversal or modification was on the law alone
or upon the law and such facts which, but for the determination of law,
would not have led to reversal or modification; or
  (b) The appeal is based upon a contention that corrective action, as
that term is defined in section 470.10, taken or directed by the
intermediate appellate court was illegal.

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