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FORTE v. SUPREME CT. OF STATE

48 N.Y.2d 179 (1979)

In the Matter of Alfred Forte, Respondent, v. Supreme Court of the State of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided October 23, 1979.

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Barry A. Schwartz of counsel), for John J. Santucci, appellant.

Frank S. Polestino and John T. Gallager for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, FUCHSBERG and MEYER concur with Judge GABRIELLI; Judge JASEN dissents and votes to reverse in a separate opinion.

GABRIELLI, J.

Whenever a criminal defendant's pretrial motion to suppress evidence is granted, CPL 450.20 (subd 8) authorizes the People to appeal that determination to an intermediate appellate court provided that the People first file "a statement asserting that the deprivation of the use of the evidence ordered suppressed has rendered the sum of the proof available to the people with respect to a criminal...

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