2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title M - Proceedings After Judgment › Article 460 - Appeals--Taking and Perfection Thereof and Stays During Pendency Thereof › 460.60 - Stay of Judgment Pending Appeal to Court of Appeals From Intermediate Appellate Court.

§  460.60    Stay  of  judgment  pending appeal to court of appeals from
intermediate appellate court.
1. (a) A judge who, pursuant to section 460.20 of  this  chapter,  has
received  an application for a certificate granting a defendant leave to
appeal to the  court  of  appeals  from  an  order  of  an  intermediate
appellate  court  affirming or modifying a judgment including a sentence
of imprisonment, a  sentence  of  imprisonment,  or  an  order  appealed
pursuant  to  section  450.15 of this chapter, of a criminal court, may,
upon application of such defendant-appellant issue  an  order  both  (i)
staying  or  suspending  the  execution  of  the  judgment  pending  the
determination of the application for  leave  to  appeal,  and,  if  that
application  is  granted,  staying  or  suspending  the execution of the
judgment pending the determination of  the  appeal,    and  (ii)  either
releasing  the  defendant  on his own recognizance or continuing bail as
previously determined or fixing  bail  pursuant  to  the  provisions  of
article  five  hundred thirty.   Such an order is effective  immediately
and that phase of the order  staying  or  suspending  execution  of  the
judgment  does  not  become  effective unless and until the defendant is
released, either on his own recognizance or upon the posting of bail.
(b) If the application for leave to appeal  is  denied,  the  stay  or
suspension  pending  the  application  automatically terminates upon the
signing of the certificate denying leave.   Upon such  termination,  the
certificate  denying  leave  must be sent to the criminal court in which
the original judgment was entered, and the latter must  proceed  in  the
manner provided in subdivision five of section 460.50 of this chapter.
2.    An  application  pursuant  to  subdivision one must be made upon
reasonable notice to  the  people,  and  the  people  must  be  accorded
adequate   opportunity  to  appear  in  opposition  thereto.    Such  an
application may be made immediately after the entry of the order  sought
to  be  appealed  or  at  any subsequent time during the pendency of the
appeal.   Not more than one application may be  made  pursuant  to  this
section.
3.    Notwithstanding the provisions of subdivision one, if within one
hundred twenty days after the issuance of a certificate  granting  leave
to  appeal,  the  appeal  or  prospective appeal has not been brought to
argument in or submitted to the court of appeals, the  operation  of  an
order issued pursuant to subdivision one of this section  terminates and
the  defendant must surrender himself to the criminal court in which the
original judgment was entered in order that execution of  such  judgment
be  commenced  or  resumed;  except that this subdivision does not apply
where the court of appeals has (a) extended the  time  for  argument  or
submission  of  the  appeal to a date beyond the specified period of one
hundred twenty days and (b) upon application of the defendant  expressly
ordered  that the operation of such order continue until the date of the
determination of the appeal or some  other  designated  future  date  or
occurrence.
4.  Where the defendant is at liberty during the pendency of an appeal
as  a  result  of an order issued pursuant to this section, the court of
appeals upon affirmance of the judgment or order, must,  by  appropriate
certificate,  remit the case to the criminal court in which the judgment
was entered, and the latter must  proceed  in  the  manner  provided  in
subdivision five of section 460.50 of this chapter.