N.Y. Criminal Procedure Law 450.20 – Appeal by people to intermediate appellate court; in what cases authorized
§ 450.20 Appeal by people to intermediate appellate court; in what cases
Terms Used In N.Y. Criminal Procedure Law 450.20
- 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.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
authorized.
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 § 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.
12. That portion of an order dismissing an accusatory instrument or some of its counts pursuant to subdivision two of section 245.80 of this part as a sanction for failure to comply with any discovery order issued pursuant to article two hundred forty-five of this part.