Section 450.90. Appeal to court of appeals from order of intermediate appellate court; in what cases authorized

* 1.  Provided  that  a certificate granting leave to appeal is issued
  pursuant to section  460.20,  an  appeal  may,  except  as  provided  in
  subdivision  two,  be  taken  to  the  court  of  appeals  by either the
  defendant or the people from any adverse or partially adverse  order  of
  an  intermediate  appellate  court  entered upon an appeal taken to such
  intermediate appellate court pursuant  to  section  450.10,  450.15,  or
  450.20  or  from  an  order granting or denying a motion to set aside an
  order of an intermediate appellate court on the  ground  of  ineffective
  assistance  or wrongful deprivation of appellate counsel. An order of an
  intermediate appellate court  is  adverse  to  the  party  who  was  the
  appellant  in such court when it affirms the judgment, sentence or order
  appealed from, and is adverse to the party who  was  the  respondent  in
  such  court  when  it  reverses the judgment, sentence or order appealed
  from. An appellate court  order  which  modifies  a  judgment  or  order
  appealed from is partially adverse to each party.
    * NB Effective until October 7, 2009
    * 1.  Provided  that  a certificate granting leave to appeal is issued
  pursuant to section  460.20,  an  appeal  may,  except  as  provided  in
  subdivision  two,  be  taken  to  the  court  of  appeals  by either the
  defendant or the people from any adverse or partially adverse  order  of
  an  intermediate  appellate  court  entered upon an appeal taken to such
  intermediate appellate court pursuant  to  section  450.10,  450.15,  or
  450.20,  or  from  an order granting or denying a motion to set aside an
  order of an intermediate appellate court on the  ground  of  ineffective
  assistance  or  wrongful  deprivation of appellate counsel, or by either
  the defendant or the people from any adverse or partially adverse  order
  of  an intermediate appellate court entered upon an appeal taken to such
  intermediate appellate court from an order entered pursuant  to  section
  440.46  of  this chapter. An order of an intermediate appellate court is
  adverse to the party who was the appellant in such court when it affirms
  the judgment, sentence or order appealed from, and  is  adverse  to  the
  party  who  was  the  respondent  in  such  court  when  it reverses the
  judgment, sentence or order appealed  from.  An  appellate  court  order
  which modifies a judgment or order appealed from is partially adverse to
  each party.
    * NB Effective October 7, 2009
    2.  An appeal to the court of appeals from an order of an intermediate
  appellate court reversing or modifying a judgment, sentence or order  of
  a criminal court may be taken only if:
    (a)  The  court  of appeals determines that the intermediate appellate
  court's determination of reversal or modification was on the  law  alone
  or  upon the law and such facts which, but for the determination of law,
  would not have led to reversal or modification; or
    (b) The appeal is based upon a contention that corrective  action,  as
  that  term  is  defined  in  section  470.10,  taken  or directed by the
  intermediate appellate court was illegal.