Doran v. Van Ingen

OPINION OF THE COURT

Raymond E. Cornelius, J.

The petitioner, Elizabeth Doran, has commenced this proceeding, pursuant to CPLR article 78, for the purpose of prohibiting further prosecution of certain charges presently pending against her, following the unsuccessful appeal by the People from a pretrial suppression order. An appeal, by the People, from an order suppressing evidence constitutes a bar to the prosecution of all crimes charged in an accusatory instrument unless reversed upon appeal. (CPL 450.50 [2].) The Court of Appeals has held that, in such cases, this statute would also…