Legal Opinion

People v. Fay

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

Decided June 28, 1944PublishedCited by 5 opinions

1Per curiam

The Code of Criminal Procedure provides that a criminal action may at any time before trial, on the application of the defendant, be removed from- the Court of General *136Sessions of the County of New York to the Supreme Court, New York County (§ 22, subd. 4; § 344, subd. 1; § 346),'for good cause shown. We agree with the contention of the People that no sufficient cause was shown to justify removal.

However, the order from which the appeal has been taken is not an appealable order. The Code of Criminal Procedure (§ 518) sets forth the circumstances in which the People may appeal. No provision is…

2Cases cited3 opinions

  1. People v. . ZerilloNew York Court of Appeals · 1911
  2. People v. MellonAppellate Division of the Supreme Court of the State of New York · 1941
  3. People v. BrindellAppellate Division of the Supreme Court of the State of New York · 1921

3Cited by5 opinions

  1. Sovocool v. DavidAppellate Division of the Supreme Court of the State of New York · 1959
  2. People v. DarlingNew York Supreme Court · 1975
  3. People v. FayNew York Supreme Court · 1944
  4. People v. Gold, New York County Courts1971
  5. Slater v. HoganNew York Supreme Court · 1950

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