In re Leo T.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Fein, J.
This is an appeal from an order of a Family Court Judge proposing to strike all identification testimony unless good cause be shown to excuse the failure to give the notice required by CPL 710.30 that there had been a showup identification.
*298This court in the exercise of discretion granted leave to appeal (Family Ct Act, § 1112). However, since the appeal plainly is from a proposed evidentiary ruling and not from an order or disposition, it is not appealable (Family Ct Act, § 1118; CPLR 5512, 5701; Matter of Sky-liner Diner Corp. v Board of Assessors of County of…
2Cases cited8 opinions
- People v. GissendannerNew York Court of Appeals · 1979
- People v. BerkowitzNew York Court of Appeals · 1980
- In re James H.New York Court of Appeals · 1974
- In re Albert B.Appellate Division of the Supreme Court of the State of New York · 1981
- Leel. v. Chemway Corp.Appellate Division of the Supreme Court of the State of New York · 1964
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. PetersonAppellate Division of the Supreme Court of the State of New York · 1993
- People v. MedinaAppellate Division of the Supreme Court of the State of New York · 1985
- People v. GeeAppellate Division of the Supreme Court of the State of New York · 2001
- People v. SamuelsAppellate Division of the Supreme Court of the State of New York · 1990
- Soggs v. CroccoAppellate Division of the Supreme Court of the State of New York · 1998
8 more not listed; retrieve them via the Exa API.