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PEOPLE v. ELMER

Nos. 127, 128.

19 N.Y.3d 501 (2012)

973 N.E.2d 172

950 N.Y.S.2d 77

2012 NY Slip Op 5125

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CAROL ELMER, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN O. COOPER, Appellant.

Court of Appeals of New York.

Decided June 27, 2012.

Attorney(s) appearing for the Case

Nicole Duvé , District Attorney, Canton ( Amanda N. Nissen of counsel), for appellant in the first above-entitled action.

Richard V. Manning , Parishville, for respondent in the first above-entitled action.

Timothy P. Donaher , Public Defender, Rochester ( Drew R. DuBrin of counsel), for appellant in the second above-entitled action.

Sandra Doorley , District Attorney, Rochester ( Geoffrey Kaeuper of counsel), for respondent in the second above-entitled action.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

The common issue presented by these appeals is whether an appeal lies from an oral order issued by a criminal court on a pretrial matter. In People v Elmer, the People appealed pursuant to CPL 450.20 (1) from an oral decision by the trial court that granted, in part, defendant's motion to dismiss the indictment on speedy trial grounds. In People v Cooper, defendant sought...

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