§ 460.60 Stay of judgment pending appeal to court of appeals from\n intermediate appellate court.\n 1. (a) A judge who, pursuant to section 460.20 of this chapter, has\nreceived an application for a certificate granting a defendant leave to\nappeal to the court of appeals from an order of an intermediate\nappellate court affirming or modifying a judgment including a sentence\nof imprisonment, a sentence of imprisonment, or an order appealed\npursuant to section 450.15 of this chapter, of a criminal court, may,\nupon application of such defendant-appellant issue an order both (i)\nstaying or suspending the execution of the judgment pending the\ndetermination of the application for leave to appeal, and, if that\napplication is granted, staying or suspending the execution of the\njudgment pending the determination of the appeal, and (ii) either\nreleasing the defendant on his own recognizance or continuing bail as\npreviously determined or fixing bail pursuant to the provisions of\narticle five hundred thirty. Such an order is effective immediately\nand that phase of the order staying or suspending execution of the\njudgment does not become effective unless and until the defendant is\nreleased, either on his own recognizance or upon the posting of bail.\n (b) If the application for leave to appeal is denied, the stay or\nsuspension pending the application automatically terminates upon the\nsigning of the certificate denying leave. Upon such termination, the\ncertificate denying leave must be sent to the criminal court in which\nthe original judgment was entered, and the latter must proceed in the\nmanner provided in subdivision five of section 460.50 of this chapter.\n 2. An application pursuant to subdivision one must be made upon\nreasonable notice to the people, and the people must be accorded\nadequate opportunity to appear in opposition thereto. Such an\napplication may be made immediately after the entry of the order sought\nto be appealed or at any subsequent time during the pendency of the\nappeal. Not more than one application may be made pursuant to this\nsection.\n 3. Notwithstanding the provisions of subdivision one, if within one\nhundred twenty days after the issuance of a certificate granting leave\nto appeal, the appeal or prospective appeal has not been brought to\nargument in or submitted to the court of appeals, the operation of an\norder issued pursuant to subdivision one of this section terminates and\nthe defendant must surrender himself to the criminal court in which the\noriginal judgment was entered in order that execution of such judgment\nbe commenced or resumed; except that this subdivision does not apply\nwhere the court of appeals has (a) extended the time for argument or\nsubmission of the appeal to a date beyond the specified period of one\nhundred twenty days and (b) upon application of the defendant expressly\nordered that the operation of such order continue until the date of the\ndetermination of the appeal or some other designated future date or\noccurrence.\n 4. Where the defendant is at liberty during the pendency of an appeal\nas a result of an order issued pursuant to this section, the court of\nappeals upon affirmance of the judgment or order, must, by appropriate\ncertificate, remit the case to the criminal court in which the judgment\nwas entered, and the latter must proceed in the manner provided in\nsubdivision five of section 460.50 of this chapter.\n
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