New York Laws
Article 450 - Appeals--in What Cases Authorized and to What Courts Taken
450.50 - Appeal by People From Order Suppressing Evidence; Filing of Statement in Appellate Court.

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.