N.Y. Criminal Procedure Law 450.15 – Appeal by defendant to intermediate appellate court; in what cases authorized by permission
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§ 450.15 Appeal by defendant to intermediate appellate court; in what
Terms Used In N.Y. Criminal Procedure Law 450.15
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
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.