Laws of New York (Last Updated: November 21, 2014) |
CPL Criminal Procedure |
Part TWO. THE PRINCIPAL PROCEEDINGS |
Title M. PROCEEDINGS AFTER JUDGMENT |
Article 450. APPEALS--IN WHAT CASES AUTHORIZED AND TO WHAT COURTS TAKEN |
Section 450.50. Appeal by people from order suppressing evidence; filing of statement in appellate court
Latest version.
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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, a statement asserting that the deprivation of the use of the evidence ordered suppressed has rendered the sum of the proof available to the people with respect to a criminal charge which has been filed in the court either (a) insufficient as a matter of law, or (b) so weak in its entirety that any reasonable possibility of prosecuting such charge to a conviction has been effectively destroyed. 2. The taking of an appeal by the people, pursuant to subdivision eight of section 450.20, from an order suppressing evidence constitutes a bar to the prosecution of the accusatory instrument involving the evidence ordered suppressed, unless and until such suppression order is reversed upon appeal and vacated.