Legal Opinion

People v. Brownstein

Appellate Division of the Supreme Court of the State of New York

Decided June 7, 1960PublishedCited by 2 opinions

1Per curiam

Defendant Brownstein appeals from an order denying his motion for a certificate that it is reasonable that the charges filed against him in the Court of Special Sessions be prosecuted by indictment (N. Y. City Crim. Cts. Act, § 31, subd. 1, par. [c]). The order is not appealable. (People v. Le Tang, 273 App. Div. 811; People v. Mascola, 174 App. Div. 360.) That the motion was made in the Supreme Court rather than in the Court of Special Sessions does not affect the nonappealability of the order. (See Matter of Cross [Kiliani], 275 App. Div. 719, appeal dismissed 299 N. Y. 680, cert, denied…

2Cases cited5 opinions

  1. People v. . ZerilloNew York Court of Appeals · 1911
  2. Matter of Ryan (Hogan)New York Court of Appeals · 1953
  3. People v. MascolaAppellate Division of the Supreme Court of the State of New York · 1916
  4. In Re the Application of CrossNew York Court of Appeals · 1949
  5. People v. C. Eril Le TangAppellate Division of the Supreme Court of the State of New York · 1948

3Cited by2 opinions

  1. People v. RaceAppellate Division of the Supreme Court of the State of New York · 1983
  2. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1983

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