N.Y. Criminal Procedure Law Section 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 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.

Source: Section 450.50 — Appeal by people from order suppressing evidence; filing of statement in appellate court, https://www.­nysenate.­gov/legislation/laws/CPL/450.­50 (updated Sep. 22, 2014; accessed May 11, 2024).

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Accessed:
May 11, 2024

Last modified:
Sep. 22, 2014

§ 450.50’s source at nysenate​.gov

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