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1
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OPINION
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EXTRACTED KEY WORDS
APPELLATE DIVISION CPL DISMISS COURT MEMORANDUM JUDGE RESPONDENT COUNTY CASEY BRUCE KNOLL ORDER DENYING MOTION PURSUANT LEGISLATURE ENACTED CPL PROVISION ORDERS EMANATING APPLICATIONS RELIEF PRESCRIBED AUTHORIZATIONS DIVISION ORDER LIES THIRD DEPARTMENT DIRECTIONS CHIEF JUDGE KAYE JUDGES TITONE BELLACOSA SMITH CIPARICK WESLEY CONCUR JUDGE LEVINE |
THE PEOPLE & C., RESPONDENT, v. RAE T. KELLAR, APPELLANT.
89 N.Y.2d 948, 678 N.E.2d 464, 655 N.Y.S.2d 852 (1997).
February 6, 1997
3 No. 5 (1997 NY Int. 7)
Decided February 6, 1997
_________________________________________________________________
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
John T. Casey, Jr., for Appellant.
Bruce E. Knoll, for Respondent.
MEMORANDUM:
Defendant's appeal should be dismissed, and the matter remitted to the
Appellate Division for dismissal of defendant's appeal to that court.
County Court's order denying defendant's motion pursuant to CPL
440.30(1-a) is not appealable to the Appellate Division as of right
(see, CPL 450.10), and an appeal of such an order to the Appellate
Division is not available under CPL 450.15. When the Legislature
enacted CPL 440.30(1-a) in 1994, it made no provision for appeal of
orders emanating from applications for relief under that remedial
section, nor did it add to the list of prescribed authorizations for
appeals under CPL 450.10 or 450.15. Because the County Court order is
not appealable to the Appellate Division, no appeal from the Appellate
Division order lies in this Court (see, CPL 450.90).
* * * * * * * * * * * * * * * * *
Appeal dismissed and case remitted to the Appellate Division, Third
Department, with directions to dismiss the appeal to that court, in a
memorandum. Chief Judge Kaye and Judges Titone, Bellacosa, Smith,
Ciparick and Wesley concur. Judge Levine took no part.
Decided February 6, 1997
SNIPPETS:
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