New York Consolidated Law
Criminal Procedure Law
Article 450 - NY Criminal Procedure Law
APPEALS--IN WHAT CASES AUTHORIZED AND TO WHAT COURTS TAKEN
Section |
Description |
450.10 | Appeal by defendant to intermediate appellate court; in what cases authorized as of right. |
450.15 | Appeal by defendant to intermediate appellate court; in what cases authorized by permission. |
450.20 | Appeal by people to intermediate appellate court; in what cases authorized. |
450.30 | Appeal from sentence. |
450.40 | Appeal by people from trial order of dismissal. |
450.50 | Appeal by people from order suppressing evidence; filing of statement in appellate court. |
450.55 | Appeal by people from order reducing a count of an indictment or directing the filing of a prosecutor information. |
450.60 | Appeal to intermediate appellate court; to what court taken. |
450.70 | Appeal by defendant directly to court of appeals; in what cases authorized. |
450.80 | Appeal by people directly to court of appeals; in what cases authorized. |
450.90 | Appeal to court of appeals from order of intermediate appellate court; in what cases authorized. |
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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