People v. Dockside 500 Marina, Inc.

Memorandum. Appeals from trial orders of dismissal dismissed.

The case at bar is purportedly before this court by statutory authority permitting the People a right of appeal (CPL 450.20, subd 2; CPL 290.10, subd 1). The People’s right to appeal in a criminal prosecution is governed by statute, and in the absence of a specific statutory grant to appeal, the court is without jurisdiction (People v Reed, 276 NY 5; People v Gersewitz, 294 NY 163). The Supreme Court of the United States in United States v Jenkins (420 US 358, 370) has held that the proper criterion for appealability is whether upon…