Opinion
March 11, 1993
Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).
Defendant's claim, inartfully stated, is that the court below failed to strictly adhere to the mandatory catechism of detailed findings which must be made by the court under CPL 220.15 (5). As such, he purports to appeal from the action of the court below in taking his plea. This is not a legislatively authorized predicate for a criminal appeal (CPL 450.10, 450. 15 Crim. Proc.), insofar as it is not a judgment within the meaning of CPL 1.20 (15) and therefore in the absence of a statute expressly authorizing an appeal, there is no right to appeal (People v. De Jesus, 54 N.Y.2d 447, 449).
Nor has defendant moved before the court which took the plea to withdraw the plea (see generally, Matter of Lockett v. Juviler, 65 N.Y.2d 182), or petitioned for writ of habeas corpus to challenge the legality of his commitment (see generally, People ex rel. Thorpe v. Von Holden, 63 N.Y.2d 546). In its present posture, defendant's commitment is a civil rather than a criminal matter (CPL 220.15; Matter of Lockett v. Juviler, supra). Since we are without jurisdiction to consider defendant's claim, we do not address the merits of his contentions.
Concur — Sullivan, J.P., Milonas, Asch and Rubin, JJ.