People v. Oliver

Appeal from order of County Court of Suffolk county overruling demurrer to indictment dismissed. There is no statutory authority for an appeal by defendant in a criminal case from an order overruling Ms demurrer and denying Ms motion to dismiss the indictment. The right to appeal in such cases is purely statutory. (Code Crim. Proc. § 517; Matter of Montgomery, 126 App. Div. 72.) Such order can be brought up for review upon appeal from a formal judgment of conviction. (People v. Carroll, 105 App. Div. 147; People v. Markham, 114 id. 387; People v. Lazersohn, 147 id. 227; People v. Mascola, 174…