Section 460.40. Effect of taking of appeal upon judgment or order of courts below; when stayed

1. The taking of an appeal by the defendant directly to the  court  of
  appeals,  pursuant to subdivision one of section 450.70, from a superior
  court judgment including a sentence of death stays the execution of such
  sentence.  Except as provided in subdivision two of this section, in  no
  other  case  does  the  taking  of an appeal, by either party, in and of
  itself stay the execution of any judgment, sentence or order of either a
  criminal court or an intermediate appellate court.
    2. The taking of an appeal by the people to an intermediate  appellate
  court  pursuant  to  subdivision  one-a of section 450.20, from an order
  reducing a count or counts of an indictment or dismissing an  indictment
  and directing the filing of a prosecutor's information, stays the effect
  of such order.  In addition, the taking of an appeal by the people to an
  intermediate  appellate  court  pursuant  to  subdivision one of section
  450.20, from an order dismissing a count  or  counts  of  an  indictment
  charging murder in the first degree, stays the effect of such order.
    3.  Within  six  months of the effective date of this subdivision, the
  court of appeals shall adopt rules to ensure that a defendant is granted
  a stay of the execution of any death warrant issued pursuant to  article
  twenty-two-B of the correction law to allow the defendant an opportunity
  to  prepare and timely file an initial motion pursuant to section 440.10
  or 440.20 seeking to set aside a sentence of death or vacate a  judgment
  including  a  sentence  of  death and to allow the motion and any appeal
  from the denial thereof to be timely determined. The rules shall provide
  that in the event a defendant seeks to file any subsequent  motion  with
  respect  to  the judgment or sentence following a final determination of
  the defendant's initial motion pursuant to section 440.10 or  440.20,  a
  motion  for  a  stay  of  the execution of the death warrant may only be
  granted for good cause shown. The people and the defendant shall have  a
  right  to appeal to the court of appeals from orders granting or denying
  such stay motions and any rules adopted  pursuant  to  this  subdivision
  shall  provide that the court of appeals may affirm such orders, reverse
  them or modify them upon such terms as the court deems  appropriate  and
  shall  provide  for the expeditious perfection and determination of such
  appeals. Prior to adoption of the rules,  the  court  of  appeals  shall
  issue   proposed   rules  and  receive  written  comments  thereon  from
  interested parties.