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The People of the State of New York, Appellant v. Shawn M. Marsh

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts


April 8, 2013

THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, --
v.
SHAWN M. MARSH, RESPONDENT.

Appeal from an order of the Criminal Court of the City of New York, Queens County (Terrence C. O'Connor, J.), issued July 7, 2011.

People v Marsh (Shawn)

Decided on April 8, 2013

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: RIOS, J.P., WESTON and ALIOTTA, JJ

The order granted defendant's motion to dismiss the accusatory instrument.

ORDERED that the appeal is dismissed.

At arraignment, defendant orally moved to dismiss the accusatory instrument as being facially insufficient and the People opposed the motion. The Criminal Court granted defendant's motion and dismissed the accusatory instrument. The People appeal, purportedly pursuant to CPL 450.20 (1), from the court's oral order.

No appeal lies from a determination made in a criminal proceeding unless specifically provided for by statute (see People v Hernandez, 98 NY2d 8, 10 [2002]; People v Stevens, 91 NY2d 270, 277 [1998]). CPL 450.20 (1) authorizes an appeal from an order dismissing an accusatory instrument only if the order was entered pursuant to CPL 170.30, 170.50, or 210.20, which sections apply to orders dismissing an accusatory instrument after arraignment. Here, the dismissal of the accusatory instrument occurred at the arraignment (see CPL 140.45). Thus, this court lacks jurisdiction to hear the People's appeal (see Hernandez, 98 NY2d at 10).

Accordingly, the appeal is dismissed.

Rios, J.P., Weston and Aliotta, JJ., concur. Decision Date: April 08, 2013

20130408

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