N.Y. Criminal Procedure Law § 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 only when the

terms thereof are unauthorized but also when it is based upon an

erroneous determination that the defendant had a previous valid

conviction for an offense or, in the case of a resentence following a

revocation of a sentence of probation or conditional discharge, upon an

improper revocation of such original sentence. An appeal by the

defendant from a sentence, as authorized by subdivision three of section

450.15, may be based upon the ground that such sentence was harsh or

excessive.

2. An appeal by the people from a sentence, as authorized by

subdivision four of section 450.20, may be based only upon the ground

that such sentence was invalid as a matter of law.

3. An appeal from a sentence, within the meaning of this section and

sections 450.10 and 450.20, means an appeal from either the sentence

originally imposed or from a resentence following an order vacating the

original sentence. For purposes of appeal, the judgment consists of the

conviction and the original sentence only, and when a resentence occurs

more than thirty days after the original sentence, a defendant who has

not previously filed a notice of appeal from the judgment may not appeal

from the judgment, but only from the resentence.

4. When as a result of a successful appeal by the people from a

sentence, the defendant receives a resentence the terms of which are

more severe than those of the original or reversed sentence, the

defendant, if he has not taken an appeal from the judgment, may, even

though the period for doing so as prescribed in section 460.10 has

expired, take such an appeal by filing and serving a notice of appeal,

or an affidavit of errors as the case may be, within thirty days after

imposition of the resentence. Upon such an appeal, only the conviction

is reviewable; and any appellate challenge to the resentence must be

made upon a separate appeal therefrom.