{"jurisdiction": "us-ny", "code": "cpl", "section": "450.50", "citation": "CPL § 450.50", "heading": "Appeal by people from order suppressing evidence; filing of statement in appellate court", "text": ["§ 450.50  Appeal by people from order suppressing evidence; filing of", "statement in appellate court.", "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."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/450.50", "from_official_api": true, "plain_english": "When the prosecution appeals a suppression order under **§ 450.20(8)**:\n\n- **(1)** It must file not only the notice of appeal or affidavit of errors but also a statement that losing the suppressed evidence made its remaining proof **legally insufficient** or **so weak that any reasonable possibility of conviction was effectively destroyed**. ★\n- **(2)** Taking the appeal **bars prosecution of the accusatory instrument** unless and until the suppression order is reversed and vacated. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/450.50", "publisher": "Elyphived LLC"}