Legislation
SECTION 450.30
Appeal from sentence
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE M, ARTICLE 450
§ 450.30 Appeal from sentence.
1. An appeal by the defendant from a sentence, as authorized by
subdivision two of section 450.10, may be based upon the ground that
such sentence either was (a) invalid as a matter of law, or (b) harsh or
excessive. A sentence is invalid as a matter of law not only when the
terms thereof are unauthorized but also when it is based upon an
erroneous determination that the defendant had a previous valid
conviction for an offense or, in the case of a resentence following a
revocation of a sentence of probation or conditional discharge, upon an
improper revocation of such original sentence. An appeal by the
defendant from a sentence, as authorized by subdivision three of section
450.15, may be based upon the ground that such sentence was harsh or
excessive.
2. An appeal by the people from a sentence, as authorized by
subdivision four of section 450.20, may be based only upon the ground
that such sentence was invalid as a matter of law.
3. An appeal from a sentence, within the meaning of this section and
sections 450.10 and 450.20, means an appeal from either the sentence
originally imposed or from a resentence following an order vacating the
original sentence. For purposes of appeal, the judgment consists of the
conviction and the original sentence only, and when a resentence occurs
more than thirty days after the original sentence, a defendant who has
not previously filed a notice of appeal from the judgment may not appeal
from the judgment, but only from the resentence.
4. When as a result of a successful appeal by the people from a
sentence, the defendant receives a resentence the terms of which are
more severe than those of the original or reversed sentence, the
defendant, if he has not taken an appeal from the judgment, may, even
though the period for doing so as prescribed in section 460.10 has
expired, take such an appeal by filing and serving a notice of appeal,
or an affidavit of errors as the case may be, within thirty days after
imposition of the resentence. Upon such an appeal, only the conviction
is reviewable; and any appellate challenge to the resentence must be
made upon a separate appeal therefrom.
1. An appeal by the defendant from a sentence, as authorized by
subdivision two of section 450.10, may be based upon the ground that
such sentence either was (a) invalid as a matter of law, or (b) harsh or
excessive. A sentence is invalid as a matter of law not only when the
terms thereof are unauthorized but also when it is based upon an
erroneous determination that the defendant had a previous valid
conviction for an offense or, in the case of a resentence following a
revocation of a sentence of probation or conditional discharge, upon an
improper revocation of such original sentence. An appeal by the
defendant from a sentence, as authorized by subdivision three of section
450.15, may be based upon the ground that such sentence was harsh or
excessive.
2. An appeal by the people from a sentence, as authorized by
subdivision four of section 450.20, may be based only upon the ground
that such sentence was invalid as a matter of law.
3. An appeal from a sentence, within the meaning of this section and
sections 450.10 and 450.20, means an appeal from either the sentence
originally imposed or from a resentence following an order vacating the
original sentence. For purposes of appeal, the judgment consists of the
conviction and the original sentence only, and when a resentence occurs
more than thirty days after the original sentence, a defendant who has
not previously filed a notice of appeal from the judgment may not appeal
from the judgment, but only from the resentence.
4. When as a result of a successful appeal by the people from a
sentence, the defendant receives a resentence the terms of which are
more severe than those of the original or reversed sentence, the
defendant, if he has not taken an appeal from the judgment, may, even
though the period for doing so as prescribed in section 460.10 has
expired, take such an appeal by filing and serving a notice of appeal,
or an affidavit of errors as the case may be, within thirty days after
imposition of the resentence. Upon such an appeal, only the conviction
is reviewable; and any appellate challenge to the resentence must be
made upon a separate appeal therefrom.