People v. Doe — 170 A.D.2d 690

Majority

p. 690

The People of the State of New York, Appellant, v John Doe, Respondent.

Appeal by the People from an order of the Supreme Court, Westchester County (Colabella, J.), entered September 6, 1990, which denied their motion for leave to re-present evidence to a Grand Jury.

Ordered that the appeal is dismissed.

The People argue that the court incorrectly concluded that it lacked authority to grant their motion to resubmit evidence to a Grand Jury. However, because its order is not appealable, the appeal must be dismissed.

It is fundamental that "[t]he right of the People to appeal in a criminal case is statutorily determined (Matter of State of New York v King, 36 NY2d 59 , 63), and the statute conferring such right must be strictly construed” (People v Brummel, 136 AD2d 322 , 324; see also, People v Santos, 64 NY2d 702 ; People

p. 691

v Johnson, 103 AD2d 754 ). Absent a specific statute granting the People the right to appeal, this court is without jurisdiction to hear the appeal (see, People v Reap, 68 AD2d 964 ; see also, People v Reed, 276 NY 5 , 10-11). Because there is no statute authorizing the People to appeal from the order in the present case, this appeal must be dismissed (see, People v Dziegiel, 233 App Div 794 ). Mangano, P. J., Kunzeman, Eiber and Balletta, JJ., concur.

Cases cited

State v. King 36 NY2d 59 N.Y. 1975-01-17 at 63 p. 690
People v. Brummel 136 AD2d 322 N.Y. App. Div. 1988-04-14 at 324 p. 690
People v. Santos 64 NY2d 702 N.Y. 1984-12-18 p. 690
People v. Johnson 103 AD2d 754 N.Y. App. Div. 1984-07-02 p. 691
People v. Reap 68 AD2d 964 N.Y. App. Div. 1979-03-15 p. 691
People v. Reed 276 NY 5 N.Y. 1937-11-23 at 10-11 p. 691