N.Y. Criminal Procedure Law § 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 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.