New York Laws
Article 450 - Appeals--in What Cases Authorized and to What Courts Taken
450.20 - Appeal by People to Intermediate Appellate Court; in What Cases Authorized.

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.