2013 New York Consolidated Laws
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title M - PROCEEDINGS AFTER JUDGMENT
Article 460 - (460.10 - 460.80) 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.