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Current as of January 01, 2024 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - New York Consolidated Laws, Criminal Procedure Law - CPL § 450.50 Appeal by people from order suppressing evidence; filing of statement in appellate court - last updated January 01, 2024 | https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-450-50/
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