CPL § 450.80

Appeal by people directly to court of appeals; in what cases authorized · as in force on May 31, 2026

§ 450.80 Appeal by people directly to court of appeals; in what cases

authorized.

An appeal directly to the court of appeals may be taken as of right by the people from the following orders of a superior court:

1. An order, entered pursuant to section 440.10, vacating a judgment including a sentence of death;

2. An order, entered pursuant to section 440.20, setting aside a sentence of death

3. An order, entered pursuant to paragraph (d) of subdivision eleven of section 400.27, setting aside a sentence of death;

4. An order, entered pursuant to subdivision twelve of section 400.27, setting aside a sentence of death.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/450.80

In plain English

The prosecution may appeal directly to the Court of Appeals as of right from these superior-court orders:

(1) A § 440.10 order vacating a judgment that includes a death sentence.
(2) A § 440.20 order setting aside a death sentence.
(3) A § 400.27(11)(d) order setting aside a death sentence.
(4) A § 400.27(12) order setting aside a death sentence. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.