N.Y. Comp. Codes R. & Regs. tit. 22, § 200.40
(a) When a criminal court issues an order suppressing evidence, dismissing an accusatory instrument, setting aside a verdict or sentence, vacating a judgment or denying a motion made pursuant to CPL section 440.40, where such order may be appealed as of right by the people pursuant to CPL section 450.20, the court promptly shall advise the defendant, on the record or in writing: