N.Y. Criminal Procedure Law § 460.60: Stay of judgment pending appeal to court of appeals from intermediate appellate court

§ 460.60 Stay of judgment pending appeal to court of appeals from

intermediate appellate court.

1. (a) A judge who, pursuant to section 460.20 of this chapter, has

received an application for a certificate granting a defendant leave to

appeal to the court of appeals from an order of an intermediate

appellate court affirming or modifying a judgment including a sentence

of imprisonment, a sentence of imprisonment, or an order appealed

pursuant to section 450.15 of this chapter, of a criminal court, may,

upon application of such defendant-appellant issue an order both (i)

staying or suspending the execution of the judgment pending the

determination of the application for leave to appeal, and, if that

application is granted, staying or suspending the execution of the

judgment pending the determination of the appeal, and (ii) either

releasing the defendant on his own recognizance or continuing bail as

previously determined or fixing bail pursuant to the provisions of

article five hundred thirty. Such an order is effective immediately

and that phase of the order staying or suspending execution of the

judgment does not become effective unless and until the defendant is

released, either on his own recognizance or upon the posting of bail.

(b) If the application for leave to appeal is denied, the stay or

suspension pending the application automatically terminates upon the

signing of the certificate denying leave. Upon such termination, the

certificate denying leave must be sent to the criminal court in which

the original judgment was entered, and the latter must proceed in the

manner provided in subdivision five of section 460.50 of this chapter.

2. An application pursuant to subdivision one must be made upon

reasonable notice to the people, and the people must be accorded

adequate opportunity to appear in opposition thereto. Such an

application may be made immediately after the entry of the order sought

to be appealed or at any subsequent time during the pendency of the

appeal. Not more than one application may be made pursuant to this

section.

3. Notwithstanding the provisions of subdivision one, if within one

hundred twenty days after the issuance of a certificate granting leave

to appeal, the appeal or prospective appeal has not been brought to

argument in or submitted to the court of appeals, the operation of an

order issued pursuant to subdivision one of this section terminates and

the defendant must surrender himself to the criminal court in which the

original judgment was entered in order that execution of such judgment

be commenced or resumed; except that this subdivision does not apply

where the court of appeals has (a) extended the time for argument or

submission of the appeal to a date beyond the specified period of one

hundred twenty days and (b) upon application of the defendant expressly

ordered that the operation of such order continue until the date of the

determination of the appeal or some other designated future date or

occurrence.

4. Where the defendant is at liberty during the pendency of an appeal

as a result of an order issued pursuant to this section, the court of

appeals upon affirmance of the judgment or order, must, by appropriate

certificate, remit the case to the criminal court in which the judgment

was entered, and the latter must proceed in the manner provided in

subdivision five of section 460.50 of this chapter.