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People v. Hurley

Appellate Division of the Supreme Court of New York, First Department
Jan 17, 2008
848 N.Y.S.2d 879 (N.Y. App. Div. 2008)

Opinion

No. 2556.

January 17, 2008.

Appeal from order, Supreme Court, New York County (Charles J. Tejada, J.), entered on or about October 17, 2005, which denied defendant's motion for a subpoena duces tecum, unanimously dismissed as taken from a nonappealable order.

Vincent Hurley, appellant pro se.

Robert M. Morgenthau, District Attorney, New York (Alan Gadlin of counsel), for respondent.

Before: Mazzarelli, J.P., Andrias, Catterson and McGuire, JJ.


Since defendant filed his motion in Supreme Court, Criminal Term and the motion was related to his completed criminal action (a conviction in 1989), the order arose out of a criminal proceeding ( see CPL 1.20 [b]), and "no appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization" ( People v Santos, 64 NY2d 702, 704; see also People v Stevens, 91 NY2d 270, 277). Nothing in CPL article 450 authorizes an appeal from an order denying a motion for a subpoena duces tecum.


Summaries of

People v. Hurley

Appellate Division of the Supreme Court of New York, First Department
Jan 17, 2008
848 N.Y.S.2d 879 (N.Y. App. Div. 2008)
Case details for

People v. Hurley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT HURLEY,…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 17, 2008

Citations

848 N.Y.S.2d 879 (N.Y. App. Div. 2008)
848 N.Y.S.2d 879
2008 N.Y. Slip Op. 343

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