N.Y. Criminal Procedure Law § 460.20 : Proceedings After Judgment — Criminal Procedure — Appeals-Taking And Perfection Thereof And Stays During Pendency Thereof — Certificate granting leave to appeal to court of appeals

23 Jun 2016

Current through 2016 New York Laws, Chapters 1 to 237

1. A certificate granting leave to appeal to the court of appeals from an order of an intermediate appellate court is an order of a judge granting such permission and certifying that the case involves a question of law which ought to be reviewed by the court of appeals.
2. Such certificate may be issued by the following judges in the indicated situations:
(a) Where the appeal sought is from an order of the appellate division, the certificate may be issued by (i) a judge of the court of appeals or (ii) a justice of the appellate division of the department which entered the order sought to be appealed.
(b) Where the appeal sought is from an order of an intermediate appellate court other than the appellate division, the certificate may be issued only by a judge of the court of appeals.
3. An application for such a certificate must be made in the following manner:
(a) An application to a justice of the appellate division must be made upon reasonable notice to the respondent;
(b) An application seeking such a certificate from a judge of the court of appeals must be made to the chief judge of such court by submission thereof, either in writing or first orally and then in writing, to the clerk of the court of appeals. The chief judge must then designate a judge of such court to determine the application. The clerk must then notify the respondent of the application and must inform both parties of such designation.
4. A justice of the appellate division to whom such an application has been made, or a judge of the court of appeals designated to determine such an application, may in his discretion determine it upon such papers as he may request the parties to submit, or upon oral argument, or upon both.
5. Every judge or justice acting pursuant to this section shall file with the clerk of the court of appeals, immediately upon issuance, a copy of every certificate granting or denying leave to appeal.
N.Y. Crim. Proc. Law § 460.20