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PEOPLE v. COMBEST

4 N.Y.3d 859 (2005)

831 N.E.2d 407

798 N.Y.S.2d 350

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES COMBEST, Appellant. HYBRID FILMS, INC., Proposed Intervenor.

Court of Appeals of the State of New York.

Decided May 3, 2005.

Attorney(s) appearing for the Case

Appellate Advocates, New York City (Lynn W.L. Fahey of counsel), for appellant.

Charles J. Hines, District Attorney, Brooklyn (Shulamit Rosenblum of counsel), for respondent.

Levine Sullivan Koch & Schulz, L.L.P., New York City (David A. Schulz, Robert Penchina and Alia L. Smith of counsel), and Cameron Stracher, Westport, Connecticut, for proposed intervenor.

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

OPINION OF THE COURT

MEMORANDUM.

The motion by nonparty Hybrid Films, Inc. to intervene should be denied and the motion for reargument dismissed.

Hybrid moves to intervene in the appeal of this criminal action and for reargument, contending that it had no notice of the appeal, in whose outcome it asserts that it had a direct interest. The Criminal Procedure Law provides no mechanism for a nonparty to intervene or be joined in a criminal case. A nonparty...

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