450.50 – Appeal by People From Order Suppressing Evidence; Filing of Statement in Appellate Court.
§ 450.50 Appeal by people from order suppressing evidence; filing of statement in appellate court. 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 […]
450.55 – Appeal by People From Order Reducing a Count of an Indictment or Directing the Filing of a Prosecutor’s Information.
§ 450.55 Appeal by people from order reducing a count of an indictment or directing the filing of a prosecutor’s information. In taking an appeal to an intermediate appellate court pursuant to subdivision one-a of section 450.20, the people shall file a notice of appeal. Upon request of either party, the hearing and determination of […]
450.60 – Appeal to Intermediate Appellate Court; to What Court Taken.
§ 450.60 Appeal to intermediate appellate court; to what court taken. The particular intermediate appellate courts to which appeals authorized by sections 450.10 and 450.20 must be taken are as follows: 1. An appeal from a judgment, sentence or order of the supreme court must be taken to the appellate division of the department in […]
450.70 – Appeal by Defendant Directly to Court of Appeals; in What Cases Authorized.
§ 450.70 Appeal by defendant directly to court of appeals; in what cases authorized. An appeal directly to the court of appeals may be taken as of right by the defendant from the following judgment and orders of a superior court: 1. A judgment including a sentence of death; 2. An order denying a motion, […]
440.65 – Notice to Child Protective Agency of Conviction for Certain Crimes Against a Child.
§ 440.65 Notice to child protective agency of conviction for certain crimes against a child. Upon conviction of any person for a crime under article one hundred twenty, article one hundred twenty-five, article one hundred thirty, article two hundred sixty or article two hundred sixty-three of the penal law committed against a child under the […]
440.20 – Motion to Set Aside Sentence; by Defendant.
§ 440.20 Motion to set aside sentence; by defendant. 1. At any time after the entry of a judgment, the court in which the judgment was entered may, upon motion of the defendant, set aside the sentence upon the ground that it was unauthorized, illegally imposed or otherwise invalid as a matter of law. Where […]
440.30 – Motion to Vacate Judgment and to Set Aside Sentence; Procedure.
§ 440.30 Motion to vacate judgment and to set aside sentence; procedure. 1. (a) A motion to vacate a judgment pursuant to section 440.10 of this article and a motion to set aside a sentence pursuant to section 440.20 of this article must be made in writing and upon reasonable notice to the people. Upon […]
440.40 – Motion to Set Aside Sentence; by People.
§ 440.40 Motion to set aside sentence; by people. 1. At any time not more than one year after the entry of a judgment, the court in which it was entered may, upon motion of the people, set aside the sentence upon the ground that it was invalid as a matter of law. 2. Notwithstanding […]
440.46 – Motion for Resentence; Certain Controlled Substance Offenders.
§ 440.46 Motion for resentence; certain controlled substance offenders. 1. Any person in the custody of the department of corrections and community supervision convicted of a class B felony offense defined in article two hundred twenty of the penal law which was committed prior to January thirteenth, two thousand five, who is serving an indeterminate […]
440.46-A – Motion for Resentence; Persons Convicted of Certain Marihuana Offenses.
§ 440.46-a Motion for resentence; persons convicted of certain marihuana offenses. 1. When a person is serving a sentence for a conviction in this state, whether by trial verdict or guilty plea, under former article two hundred twenty-one of the penal law, and such persons’ conduct as alleged in the accusatory instrument and/or shown by […]