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
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.
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