Opinion
February 25, 1991
Appeal from the Supreme Court, Westchester County (Colabella, J.).
Ordered that the appeal is dismissed.
The People argue that the court incorrectly concluded that it lacked authority to grant their motion to resubmit evidence to a Grand Jury. However, because its order is not appealable, the appeal must be dismissed.
It is fundamental that "[t]he right of the People to appeal in a criminal case is statutorily determined (Matter of State of New York v King, 36 N.Y.2d 59, 63), and the statute conferring such right must be strictly construed" (People v Brummel, 136 A.D.2d 322, 324; see also, People v Santos, 64 N.Y.2d 702; People v Johnson, 103 A.D.2d 754). Absent a specific statute granting the People the right to appeal, this court is without jurisdiction to hear the appeal (see, People v Reap, 68 A.D.2d 964; see also, People v Reed, 276 N.Y. 5, 10-11). Because there is no statute authorizing the People to appeal from the order in the present case, this appeal must be dismissed (see, People v Dziegiel, 233 App. Div. 794). Mangano, P.J., Kunzeman, Eiber and Balletta, JJ., concur.