by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
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....
by admin | May 14, 2021 | Criminal Procedure, New York
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,...
by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
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...
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