PEOPLE v. HARDING


101 A.D.2d 221 (1984)

The People of the State of New York, Appellant, v. Bruce Harding, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 10, 1984


Attorney(s) appearing for the Case

Benjamin J. Bucko, District Attorney (Robert C. Mulvey of counsel), for appellant.

James A. Baker for respondent.

MAHONEY, P. J., CASEY, WEISS and YESAWICH, JR., JJ., concur.


MIKOLL, J.

The threshold issue presented for our decision in this case is whether the People have a right to appeal from a trial order of dismissal granted in a jury trial at the close of the People's case. We hold that an appeal from such an order is not available to the People since there is no statute granting the People the authority to do so.

Defendant was indicted by a Tompkins County Grand Jury for the crime of burglary in the third degree...

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