Opinion
November 20, 1995
Appeal from the Supreme Court, Suffolk County (Leis, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
The District Attorney appeals from an order which sealed, pursuant to CPL 190.85 (2) (b), a Grand Jury report issued pursuant to CPL 190.85 (1) (c), on the ground that it was critical of an "identifiable person". Appeals from orders concerning Grand Jury reports are governed by CPL 190.90, which only authorizes appeals by the District Attorney from orders sealing Grand Jury reports issued pursuant to CPL 190.85 (1)(a), and sealed pursuant to CPL 190.85 (5) (see, CPL 190.90, [2]). Since CPL 190.90 (5) states that "[t]he procedure provided for in [CPL 190.90] shall be the exclusive manner of reviewing an order made pursuant to section 190.85", the instant appeal does not lie (see, Matter of Report of Grand Jury, 110 A.D.2d 44, 45; cf., Matter of Hynes v. Shea, 152 A.D.2d 485). We note that the question of appealability was not raised or considered in Matter of Report of Aug.-Sept. 1983 Grand Jury III ( 103 A.D.2d 176). Sullivan, J.P., Thompson, Hart and Goldstein, JJ., concur.