Legal Opinion

People v. Bautista

New York Court of Appeals

Decided September 21, 2006PublishedCited by 33 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed. Appeals in criminal cases are strictly limited to those authorized by statute (see People v De Jesus, 54 NY2d 447, 449 [1981]; Matter of State of New York v King, 36 NY2d 59, 63 [1975]). Except for capital cases, appeals to the Court of Appeals in criminal cases are by permission, rather than as of right, and are governed by CPL 450.90 and CPL 470.60. CPL 450.90 (1) authorizes an appeal to this Court by permission only from an “adverse or partially adverse order of an intermediate appellate court entered upon an appeal taken to…

2Cases cited2 opinions

  1. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  2. People v. DE JESUS (RAYMOND)New York Court of Appeals · 1981

3Cited by33 opinions

  1. People v. PaganNew York Court of Appeals · 2012
  2. People v. MillsNew York Court of Appeals · 2008
  3. The Matter of 381 Search Warrants Directed to Facebook Inc. v. New York County District Attorney's OfficeNew York Court of Appeals · 2017
  4. People v. PaniaguaAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2007

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