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


Latest version.
  • 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.