Appeal by people from order suppressing evidence; filing of statement in appellate court

§ 450.50 Appeal by people from order suppressing evidence; filing of

statement in appellate court.

1. In taking an appeal, pursuant to subdivision eight of section
450.20, to an intermediate appellate court from an order of a criminal
court suppressing evidence, the people must file, in addition to a
notice of appeal or, as the case may be, an affidavit of errors, a
statement asserting that the deprivation of the use of the evidence
ordered suppressed has rendered the sum of the proof available to the
people with respect to a criminal charge which has been filed in the
court either (a) insufficient as a matter of law, or (b) so weak in its
entirety that any reasonable possibility of prosecuting such charge to a
conviction has been effectively destroyed.

2. The taking of an appeal by the people, pursuant to subdivision
eight of section 450.20, from an order suppressing evidence constitutes
a bar to the prosecution of the accusatory instrument involving the
evidence ordered suppressed, unless and until such suppression order is
reversed upon appeal and vacated.