Section 450.50. Appeal by people from order suppressing evidence; filing of statement in appellate court  


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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.