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PEOPLE v. BAUTISTA

7 N.Y.3d 838 (2006)

857 N.E.2d 49

823 N.Y.S.2d 754

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICIO BAUTISTA, Appellant.

Court of Appeals of New York.

Decided September 21, 2006.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Gayle Pollack and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Christopher Marinelli of counsel), for respondent.

Prisoners' Legal Services of New York, Albany (Joel Landau of counsel), and another, amici curiae.

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

OPINION OF THE COURT

MEMORANDUM.

The appeal should be dismissed. Appeals in criminal cases are strictly limited to those authorized by statute (see People v De Jesus, 54 N.Y.2d 447, 449 [1981]; Matter of State of New York v King, 36 N.Y.2d 59, 63 [1975]). Except for capital cases, appeals to the Court of Appeals in criminal cases...

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