§ 450.20 — Appeal by people to intermediate appellate court; in what cases authorized

New York § 450.20

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title M: Proceedings After Judgment
• Part 2: The Principal Proceedings
• Art. 450: Appeals--in What Cases Authorized and to What Courts Taken

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§ 450.20 Appeal by people to intermediate appellate court; in what cases\n authorized.\n An appeal to an intermediate appellate court may be taken as of right\nby the people from the following sentence and orders of a criminal\ncourt:\n 1. An order dismissing an accusatory instrument or a count thereof,\nentered pursuant to section 170.30, 170.50 or 210.20, or an order\nterminating a prosecution pursuant to subdivision four of section\n180.85;\n 1-a. An order reducing a count or counts of an indictment or\ndismissing an indictment and directing the filing of a prosecutor's\ninformation, entered pursuant to subdivision one-a of section 210.20;\n 2. An order setting aside a verdict and dismissing an accusatory\ninstrument or a count thereof, entered pursuant to paragraph (b) of\nsubdivision one of section 290.10 or 360.40;\n 3. An order setting aside a verdict, entered pursuant to section\n330.30 or 370.10;\n 4. A sentence other than one of death, as prescribed in subdivisions\ntwo and three of section 450.30;\n 5. An order, entered pursuant to section 440.10, vacating a judgment\nother than one including a sentence of death;\n 6. An order, entered pursuant to section 440.20, setting aside a\nsentence other than one of death;\n 7. An order denying a motion by the people, made pursuant to section\n440.40, to set aside a sentence other than one of death;\n 8. An order suppressing evidence, entered before trial pursuant to\nsection 710.20; provided that the people file a statement in the\nappellate court pursuant to section 450.50.\n 9. An order entered pursuant to section 460.30 of the penal law\nsetting aside or modifying a verdict of forfeiture.\n 10. An order, entered pursuant to paragraph (e) of subdivision twelve\nof section 400.27, finding that the defendant is mentally retarded.\n 11. An order granting a motion, made pursuant to subdivision one-a of\nsection 440.30, for forensic DNA testing of evidence.\n 12. That portion of an order dismissing an accusatory instrument or\nsome of its counts pursuant to subdivision two of section 245.80 of this\npart as a sanction for failure to comply with any discovery order issued\npursuant to article two hundred forty-five of this part.\n