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 › 460.50 - Stay of Judgment Pending Appeal to Intermediate Appellate Court.

§  460.50    Stay  of  judgment pending appeal to intermediate appellate
court.
1.  Upon application of a defendant who has  taken  an  appeal  to  an
intermediate  appellate  court  from  a judgment or from a sentence of a
criminal court, a judge designated in subdivision two may issue an order
both (a) staying or suspending the execution of the judgment pending the
determination of the appeal, and (b) either releasing the  defendant  on
his  own  recognizance  or  fixing  bail  pursuant  to the provisions of
article five hundred thirty.    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.
2.    An  order  as prescribed in subdivision one may be issued by the
following judges in the indicated situations:
(a)  If the appeal is to the appellate division from a judgment  or  a
sentence  of  either  the  supreme  court  or the New York City criminal
court, such order may be issued  by  (i)  a  justice  of  the  appellate
division  of the department in which the judgment was entered, or (ii) a
justice of the supreme court of  the  judicial  district  embracing  the
county in which the judgment was entered;
(b)    If the appeal is to the appellate division from a judgment or a
sentence of a county court, such order may be issued by (i) a justice of
such appellate division, or (ii) a justice of the supreme court  of  the
judicial  district  embracing  the  county  in  which  the  judgment was
entered, or (iii) a judge of such county court;
(c)  If the appeal is to an appellate term of the supreme court from a
judgment or sentence of the New York City criminal court, such order may
be issued by a justice of the supreme court  of  the  judicial  district
embracing the county in which the judgment was entered;
(d)    With  respect  to  appeals  to  county courts from judgments or
sentences of local criminal courts,  and  with  respect  to  appeals  to
appellate  terms of the supreme court from judgments or sentences of any
criminal courts located outside of New York City,  the  judges  who  may
issue such orders in any particular situation are determined by rules of
the  appellate  division of the department embracing the appellate court
to which the appeal has been taken.
3.  An application for an order specified in this section must be made
upon reasonable notice to the people, and the people  must  be  accorded
adequate opportunity to appear in opposition thereto.  Not more than one
application may be made pursuant to this section.
4.    Notwithstanding the provisions of subdivision one, if within one
hundred twenty days after the issuance of such an order the  appeal  has
not  been  brought  to  argument  in  or  submitted  to the intermediate
appellate  court,  the  operation  of  such  order  terminates  and  the
defendant  must  surrender  himself  to  the criminal court in which the
judgment was  entered  in  order  that  execution  of  the  judgment  be
commenced  or resumed; except that this subdivision does not apply where
the intermediate appellate court 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 the  order  continue  until  the
date  of the determination of the appeal or some other designated future
date or occurrence.
5.  Where the defendant is at liberty during the pendency of an appeal
as  a  result  of  an  order  issued  pursuant  to  this  section,   the
intermediate  appellate  court, upon affirmance of the judgment, must by
appropriate certificate remit the case to the criminal  court  in  which
such  judgment  was entered.  The criminal court must, upon at least two

days notice to the defendant, his  surety  and  his  attorney,  promptly
direct the defendant to surrender himself to the criminal court in order
that execution of the judgment be commenced or resumed, and if necessary
the criminal court may issue a bench warrant to secure his appearance.
6.  Upon application of a defendant who has been granted a certificate
granting leave to appeal pursuant to section 460.15 of this chapter, and
in accordance with the procedures set forth in subdivisions three,  four
and  five of this section, the intermediate appellate court may issue an
order both (a) staying or  suspending  the  execution  of  the  judgment
pending  the  determination  of the appeal, and (b) either releasing the
defendant on his  own  recognizance  or  fixing  bail  pursuant  to  the
provisions  of  article  five  hundred  thirty.  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.