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Section 450.20 – Appeal by people to intermediate appellate court; in what cases authorized

May 14, 2021 | Criminal Procedure, New York

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.

N.Y. Crim. Proc. Law ยง 450.20