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MATTER OF MORGENTHAU v. ROSENBERGER

86 N.Y.2d 826 (1995)

657 N.E.2d 494

633 N.Y.S.2d 473

In the Matter of Robert M. Morgenthau, as District Attorney of the County of New York, Appellant, v. Ernst Rosenberger, as a Justice of the Appellate Division of the Supreme Court in the First Judicial Department, et al., Respondents.

Court of Appeals of the State of New York.

Decided September 21, 1995.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Mark Dwyer of counsel), appellant pro se.

Dennis C. Vacco, Attorney-General, New York City (Arnold D. Fleischer of counsel), for Ernst Rosenberger, respondent.

Stillman, Friedman & Shaw, P. C., New York City (Edward M. Shaw of counsel), for Tupac Shakur, respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, without costs.

The taking of an appeal is a jurisdictional prerequisite to the consideration of a CPL 460.50 application for bail pending appeal. A Judge to whom a CPL 460.50 application is made has no authority to consider such an application unless the defendant has established that an appeal was taken from the judgment or sentence. A postsentence...

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