§ 450.30 — Appeal from sentence

New York § 450.30

• 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

Text

§ 450.30 Appeal from sentence.\n 1. An appeal by the defendant from a sentence, as authorized by\nsubdivision two of section 450.10, may be based upon the ground that\nsuch sentence either was (a) invalid as a matter of law, or (b) harsh or\nexcessive. A sentence is invalid as a matter of law not only when the\nterms thereof are unauthorized but also when it is based upon an\nerroneous determination that the defendant had a previous valid\nconviction for an offense or, in the case of a resentence following a\nrevocation of a sentence of probation or conditional discharge, upon an\nimproper revocation of such original sentence. An appeal by the\ndefendant from a sentence, as authorized by subdivision three of section\n450.15, may be based upon the ground that such sentence was harsh or\nexcessive.\n 2. An appeal by the people from a sentence, as authorized by\nsubdivision four of section 450.20, may be based only upon the ground\nthat such sentence was invalid as a matter of law.\n 3. An appeal from a sentence, within the meaning of this section and\nsections 450.10 and 450.20, means an appeal from either the sentence\noriginally imposed or from a resentence following an order vacating the\noriginal sentence. For purposes of appeal, the judgment consists of the\nconviction and the original sentence only, and when a resentence occurs\nmore than thirty days after the original sentence, a defendant who has\nnot previously filed a notice of appeal from the judgment may not appeal\nfrom the judgment, but only from the resentence.\n 4. When as a result of a successful appeal by the people from a\nsentence, the defendant receives a resentence the terms of which are\nmore severe than those of the original or reversed sentence, the\ndefendant, if he has not taken an appeal from the judgment, may, even\nthough the period for doing so as prescribed in section 460.10 has\nexpired, take such an appeal by filing and serving a notice of appeal,\nor an affidavit of errors as the case may be, within thirty days after\nimposition of the resentence. Upon such an appeal, only the conviction\nis reviewable; and any appellate challenge to the resentence must be\nmade upon a separate appeal therefrom.\n