People v. Nesci

OPINION OF THE COURT

Memorandum.

Appeal unanimously dismissed.

*686An order determining a motion to quash a subpoena issued in the course of the prosecution of a criminal action arises out of a criminal proceeding for which no direct appellate review is authorized (People v Santos, 64 NY2d 702). This rule, however, applies only to the parties to the underlying criminal action. A nonparty to the action may take an appeal since the order is final as to that individual or entity (see, Matter of Grand Jury Subpoena No. 2573/85, 111 AD2d 891, lv denied 65 NY2d 606; People v Johnson, 103 AD2d 754).

In the…