N.Y. CPL Law § 460.50 — New York Code / Act CPL / Part 2 / Title M / Article 460 / Section 460.50
Stay of judgment pending appeal to intermediate appellate court
Status: in_force

§ 460.50  Stay of judgment pending appeal to intermediate appellate\n             court.\n  1.  Upon application of a defendant who has taken an appeal to an\nintermediate appellate court from a judgment or from a sentence of a\ncriminal court, a judge designated in subdivision two may issue an order\nboth (a) staying or suspending the execution of the judgment pending the\ndetermination of the appeal, and (b) either releasing the defendant on\nhis own recognizance or fixing bail pursuant to the provisions of\narticle five hundred thirty.  That phase of the order staying or\nsuspending execution of the judgment does not become effective unless\nand until the defendant is released, either on his own recognizance or\nupon the posting of bail.\n  2.  An order as prescribed in subdivision one may be issued by the\nfollowing judges in the indicated situations:\n  (a)  If the appeal is to the appellate division from a judgment or a\nsentence of either the supreme court or the New York City criminal\ncourt, such order may be issued by (i) a justice of the appellate\ndivision of the department in which the judgment was entered, or (ii) a\njustice of the supreme court of the judicial district embracing the\ncounty in which the judgment was entered;\n  (b)  If the appeal is to the appellate division from a judgment or a\nsentence of a county court, such order may be issued by (i) a justice of\nsuch appellate division, or (ii) a justice of the supreme court of the\njudicial district embracing the county in which the judgment was\nentered, or (iii) a judge of such county court;\n  (c)  If the appeal is to an appellate term of the supreme court from a\njudgment or sentence of the New York City criminal court, such order may\nbe issued by a justice of the supreme court of the judicial district\nembracing the county in which the judgment was entered;\n  (d)  With respect to appeals to county courts from judgments or\nsentences of local criminal courts, and with respect to appeals to\nappellate terms of the supreme court from judgments or sentences of any\ncriminal courts located outside of New York City, the judges who may\nissue such orders in any particular situation are determined by rules of\nthe appellate division of the department embracing the appellate court\nto which the appeal has been taken.\n  3.  An application for an order specified in this section must be made\nupon reasonable notice to the people, and the people must be accorded\nadequate opportunity to appear in opposition thereto.  Not more than one\napplication may be made pursuant to this section.\n  4.  Notwithstanding the provisions of subdivision one, if within one\nhundred twenty days after the issuance of such an order the appeal has\nnot been brought to argument in or submitted to the intermediate\nappellate court, the operation of such order terminates and the\ndefendant must surrender himself to the criminal court in which the\njudgment was entered in order that execution of the judgment be\ncommenced or resumed; except that this subdivision does not apply where\nthe intermediate appellate court has (a) extended the time for argument\nor submission of the appeal to a date beyond the specified period of one\nhundred twenty days, and (b) upon application of the defendant,\nexpressly ordered that the operation of the order continue until the\ndate of the determination of the appeal or some other designated future\ndate or occurrence.\n  5.  Where the defendant is at liberty during the pendency of an appeal\nas a result of an order issued pursuant to this section, the\nintermediate appellate court, upon affirmance of the judgment, must by\nappropriate certificate remit the case to the criminal court in which\nsuch judgment was entered.  The criminal court must, upon at least two\ndays notice to the defendant, his surety and his attorney, promptly\ndirect the defendant to surrender himself to the criminal court in order\nthat execution of the judgment be commenced or resumed, and if necessary\nthe criminal court may issue a bench warrant to secure his appearance.\n  6. Upon application of a defendant who has been granted a certificate\ngranting leave to appeal pursuant to section 460.15 of this chapter, and\nin accordance with the procedures set forth in subdivisions three, four\nand five of this section, the intermediate appellate court may issue an\norder both (a) staying or suspending the execution of the judgment\npending the determination of the appeal, and (b) either releasing the\ndefendant on his own recognizance or fixing bail pursuant to the\nprovisions of article five hundred thirty. That phase of the order\nstaying or suspending execution of the judgment does not become\neffective unless and until the defendant is released, either on his own\nrecognizance or upon the posting of bail.\n