People v. Valenti

The People noticed this appeal from an order of the superior court, made in the midst of a criminal trial by jury, “dismissing . . . [the] Information on the grounds of illegality of the arrest of the defendant.” The order was not based upon any defect in the information or the proceedings which resulted in the filing of the information; rather, it was based upon the mistaken view that the prosecution should not continue because of the stated “illegality of the arrest.” Defendant contends that the appeal should be dismissed because the subject order is not one of the orders or judgments…