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PEOPLE v. DUNN

4 N.Y.3d 495 (2005)

829 N.E.2d 295

796 N.Y.S.2d 331

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FAYE DUNN, Respondent.

Court of Appeals of the State of New York.

Decided April 28, 2005.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney, Brooklyn (Seth M. Lieberman, Leonard Joblove and Ann Bordley of counsel), for appellant.

Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

The issue in this case is whether CPL 450.20 allows the People to appeal from a sua sponte order of a trial court setting aside a verdict pursuant to Judiciary Law § 2-b (3). We conclude that such an appeal is not authorized by the Criminal Procedure Law and must instead be challenged in a CPLR article 78 proceeding.

Defendant was charged with murder and related offenses stemming from her alleged participation...

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