460.30 – Extension of Time for Taking Appeal.
§ 460.30 Extension of time for taking appeal. 1. Upon motion to an intermediate appellate court of a defendant who desires to take an appeal to such court from a judgment, sentence or order of a criminal court but has failed to file a notice of appeal, an application for leave to appeal, or, as […]
460.40 – Effect of Taking of Appeal Upon Judgment or Order of Courts Below; When Stayed.
§ 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 […]
460.50 – Stay of Judgment Pending Appeal to Intermediate Appellate Court.
§ 460.50 Stay of judgment pending appeal to intermediate appellate court. 1. Upon application of a defendant who has taken an appeal to an intermediate appellate court from a judgment or from a sentence of a criminal court, a judge designated in subdivision two may issue an order both (a) staying or suspending the execution […]
460.60 – Stay of Judgment Pending Appeal to Court of Appeals From Intermediate Appellate Court.
§ 460.60 Stay of judgment pending appeal to court of appeals from intermediate appellate court. 1. (a) A judge who, pursuant to section 460.20 of this chapter, has received an application for a certificate granting a defendant leave to appeal to the court of appeals from an order of an intermediate appellate court affirming or […]
450.20 – Appeal by People to Intermediate Appellate Court; in What Cases Authorized.
§ 450.20 Appeal by people to intermediate appellate court; in what cases authorized. An appeal to an intermediate appellate court may be taken as of right by the people from the following sentence and orders of a criminal court: 1. An order dismissing an accusatory instrument or a count thereof, entered pursuant to section 170.30, […]
450.30 – Appeal From Sentence.
§ 450.30 Appeal from sentence. 1. An appeal by the defendant from a sentence, as authorized by subdivision two of section 450.10, may be based upon the ground that such sentence either was (a) invalid as a matter of law, or (b) harsh or excessive. A sentence is invalid as a matter of law not […]
450.40 – Appeal by People From Trial Order of Dismissal.
§ 450.40 Appeal by people from trial order of dismissal. 1. An appeal by the people from a trial order of dismissal, as authorized by subdivision two of section 450.20, may, as indicated by section 290.10, be based either (a) upon the ground that the evidence adduced at the trial was legally sufficient to support […]
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 […]