2006 New York Code - 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.