Opinion
July 7, 1998
Appeal from the Justice Court of the Town of Lewisboro, Westchester County George H. Roberts, J.
Dennis C. Vacco, Attorney-General, New York City ( Michael S. Belohlavek and Katharine Demgen of counsel), for appellant.
Nesci, Keane, Pierkarski, Keogh Corrigan, White Plains ( Vincent P. Nesci of counsel), for respondent.
MEMORANDUM.
Appeal unanimously dismissed.
An order determining a motion to quash a subpoena issued in the course of the prosecution of a criminal action arises out of a criminal proceeding for which no direct appellate review is authorized ( People v. Santos, 64 N.Y.2d 702). This rule, however, applies only to the parties to the underlying criminal action. A nonparty to the action may take an appeal since the order is final as to that individual or entity ( see, Matter of Grand Jury Subpoena No. 2573/85, 111 A.D.2d 891, lv denied 65 N.Y.2d 606; People v. Johnson, 103 A.D.2d 754).
In the case at bar, the appellant is the New York State Police, an agency of the Executive Department of the State (Executive Law § 210 Exec.). Where a State agency is a party to an action, it is the State which is the real party in interest ( Matter of Hongisto v. Mercure, 72 A.D.2d 850; 21 Carmody-Wait 2d, N.Y. Prac § 126:111, at 595). Thus, in view of the State Police Division's relationship to the State of New York, appellant is a party to the criminal proceeding and no appeal may be taken from the instant order denying the motion to quash the subpoena ( People v. Rivera, NYLJ, May 28, 1987, at 12, col 6 [App Term, 9th 10th Jud Dists]).
DiPAOLA, P.J., INGRASSIA and LEVITT, JJ., concur.