Legal Opinion
People v. Dunn
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 2003PublishedCited by 2 opinions
1Opinion of the Court
Appeal by the People from an order of the Supreme Court, Kings County (Feldman, J.), dated August 8, 2002, which, after a jury trial, sua sponte, set aside the defendant’s conviction for murder in the second degree.
Ordered that the appeal is dismissed.
On this appeal, the People contend that the Supreme Court incorrectly determined that the defendant was denied the effective assistance of counsel. However, since the challenged order is not appealable, the appeal must be dismissed.
It is fundamental that the right of the People to appeal in a criminal case is statutorily determined (see People v…
2Cases cited8 opinions
- MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
- People v. LaingNew York Court of Appeals · 1992
- People v. SantosNew York Court of Appeals · 1984
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1984
- People v. ReapAppellate Division of the Supreme Court of the State of New York · 1979
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. BackusAppellate Division of the Supreme Court of the State of New York · 2022
- People v. DowdellAppellate Division of the Supreme Court of the State of New York · 2026