N.Y. Criminal Procedure Law § 450.90: Appeal to court of appeals from order of intermediate appellate court; in what cases authorized

§ 450.90 Appeal to court of appeals from order of intermediate appellate

court; in what cases authorized.

1. Provided that a certificate granting leave to appeal is issued

pursuant to section 460.20, an appeal may, except as provided in

subdivision two, be taken to the court of appeals by either the

defendant or the people from any adverse or partially adverse order of

an intermediate appellate court entered upon an appeal taken to such

intermediate appellate court pursuant to section 450.10, 450.15, or

450.20, or from an order granting or denying a motion to set aside an

order of an intermediate appellate court on the ground of ineffective

assistance or wrongful deprivation of appellate counsel, or by either

the defendant or the people from any adverse or partially adverse order

of an intermediate appellate court entered upon an appeal taken to such

intermediate appellate court from an order entered pursuant to section

440.46 or section 440.47 of this chapter. An order of an intermediate

appellate court is adverse to the party who was the appellant in such

court when it affirms the judgment, sentence or order appealed from, and

is adverse to the party who was the respondent in such court when it

reverses the judgment, sentence or order appealed from. An appellate

court order which modifies a judgment or order appealed from is

partially adverse to each party.

2. An appeal to the court of appeals from an order of an intermediate

appellate court reversing or modifying a judgment, sentence or order of

a criminal court may be taken only if:

(a) The court of appeals determines that the intermediate appellate

court's determination of reversal or modification was on the law alone

or upon the law and such facts which, but for the determination of law,

would not have led to reversal or modification; or

(b) The appeal is based upon a contention that corrective action, as

that term is defined in section 470.10, taken or directed by the

intermediate appellate court was illegal.