Legal Opinion
People v. Doe
Appellate Division of the Supreme Court of the State of New York
Decided February 25, 1991PublishedCited by 4 opinions
1Opinion of the Court
Appeal by the People from an order of the Supreme Court, Westchester County (Colabella, J.), entered September 6, 1990, which denied their motion for leave to re-present evidence to a Grand Jury.
Ordered that the appeal is dismissed.
The People argue that the court incorrectly concluded that it lacked authority to grant their motion to resubmit evidence to a Grand Jury. However, because its order is not appealable, the appeal must be dismissed.
It is fundamental that "[t]he right of the People to appeal in a criminal case is statutorily determined (Matter of State of New York v King, 36 NY2d 59,…
2Cases cited7 opinions
- MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
- People v. ReedNew York Court of Appeals · 1937
- People v. SantosNew York Court of Appeals · 1984
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1984
- People v. ReapAppellate Division of the Supreme Court of the State of New York · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. AlonsoAppellate Division of the Supreme Court of the State of New York · 2010
- People v. DunnAppellate Division of the Supreme Court of the State of New York · 2003
- People v. BackusAppellate Division of the Supreme Court of the State of New York · 2022
- People v. SchaumAppellate Terms of the Supreme Court of New York · 2005