N.Y. Criminal Procedure Law § 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, 170.50 or 210.20, or an order

terminating a prosecution pursuant to subdivision four of section

180.85;

1-a. An order reducing a count or counts of an indictment or

dismissing an indictment and directing the filing of a prosecutor's

information, entered pursuant to subdivision one-a of section 210.20;

2. An order setting aside a verdict and dismissing an accusatory

instrument or a count thereof, entered pursuant to paragraph (b) of

subdivision one of section 290.10 or 360.40;

3. An order setting aside a verdict, entered pursuant to section

330.30 or 370.10;

4. A sentence other than one of death, as prescribed in subdivisions

two and three of section 450.30;

5. An order, entered pursuant to section 440.10, vacating a judgment

other than one including a sentence of death;

6. An order, entered pursuant to section 440.20, setting aside a

sentence other than one of death;

7. An order denying a motion by the people, made pursuant to section

440.40, to set aside a sentence other than one of death;

8. An order suppressing evidence, entered before trial pursuant to

section 710.20; provided that the people file a statement in the

appellate court pursuant to section 450.50.

9. An order entered pursuant to section 460.30 of the penal law

setting aside or modifying a verdict of forfeiture.

10. An order, entered pursuant to paragraph (e) of subdivision twelve

of section 400.27, finding that the defendant is mentally retarded.

11. An order granting a motion, made pursuant to subdivision one-a of

section 440.30, for forensic DNA testing of evidence.

12. That portion of an order dismissing an accusatory instrument or

some of its counts pursuant to subdivision two of section 245.80 of this

part as a sanction for failure to comply with any discovery order issued

pursuant to article two hundred forty-five of this part.