People v. Sabella

In each of these nonjury cases the court dismissed the indictment on the ground that the evidence submitted at the trial was insufficient to establish the crime charged and the People appealed pursuant to CPL 450.20 (subd. 2). The defendants argue that the appeals should be dismissed because (1) the CPL does not permit the People to appeal from a trial order of dismissal in a nonjury case and in any event (2) the trial courts did not dismiss on the law, but rather acquitted the defendants on the merits, a determination from which no appeal lies. In the alternative the defendants contest the…