PEOPLE v. DOE


170 A.D.2d 690 (1991)

The People of the State of New York, Appellant, v. John Doe, Respondent

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

February 25, 1991


Ordered that the appeal is dismissed.

The People argue that the court incorrectly concluded that it lacked authority to grant their motion to resubmit evidence to a Grand Jury. However, because its order is not appealable, the appeal must be dismissed.

It is fundamental that "[t]he right of the People to appeal in a criminal case is statutorily determined (Matter of State of New York v King, 36 N.Y.2d 59, 63), and...

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