People v. Norton

In affirming the order below rather than dismissing the People’s appeal from that order, the majority has misapplied the rules governing our jurisdiction in criminal cases and, in consequence, has sown the seeds for future confusion. Since accuracy, precision and consistency are critical values in this exacting area of law, I cannot join in the majority’s disposition. Accordingly, despite my probable agreement with the majority’s assessment if the merits could be reached, I write separately to explain why the posture of this appeal requires a dismissal.

CPL 450.90 (2) (a) provides that "[a]n…