§ 460.40 Effect of taking of appeal upon judgment or order of courts\n below; when stayed.\n 1. The taking of an appeal by the defendant directly to the court of\nappeals, pursuant to subdivision one of section 450.70, from a superior\ncourt judgment including a sentence of death stays the execution of such\nsentence. Except as provided in subdivision two of this section, in no\nother case does the taking of an appeal, by either party, in and of\nitself stay the execution of any judgment, sentence or order of either a\ncriminal court or an intermediate appellate court.\n 2. The taking of an appeal by the people to an intermediate appellate\ncourt pursuant to subdivision one-a of section 450.20, from an order\nreducing a count or counts of an indictment or dismissing an indictment\nand directing the filing of a prosecutor's information, stays the effect\nof such order. In addition, the taking of an appeal by the people to an\nintermediate appellate court pursuant to subdivision one of section\n450.20, from an order dismissing a count or counts of an indictment\ncharging murder in the first degree, stays the effect of such order.\n 3. Within six months of the effective date of this subdivision, the\ncourt of appeals shall adopt rules to ensure that a defendant is granted\na stay of the execution of any death warrant issued pursuant to article\ntwenty-two-B of the correction law to allow the defendant an opportunity\nto prepare and timely file an initial motion pursuant to section 440.10\nor 440.20 seeking to set aside a sentence of death or vacate a judgment\nincluding a sentence of death and to allow the motion and any appeal\nfrom the denial thereof to be timely determined. The rules shall provide\nthat in the event a defendant seeks to file any subsequent motion with\nrespect to the judgment or sentence following a final determination of\nthe defendant's initial motion pursuant to section 440.10 or 440.20, a\nmotion for a stay of the execution of the death warrant may only be\ngranted for good cause shown. The people and the defendant shall have a\nright to appeal to the court of appeals from orders granting or denying\nsuch stay motions and any rules adopted pursuant to this subdivision\nshall provide that the court of appeals may affirm such orders, reverse\nthem or modify them upon such terms as the court deems appropriate and\nshall provide for the expeditious perfection and determination of such\nappeals. Prior to adoption of the rules, the court of appeals shall\nissue proposed rules and receive written comments thereon from\ninterested parties.\n
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