Opinion
2002-08140.
December 22, 2003.
Appeal by the People from an order of the Supreme Court, Kings County (Feldman, J.), dated August 8, 2002, which, after a jury trial, sua sponte, set aside the defendant's conviction for murder in the second degree.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam S. Charnoff of counsel), for appellant.
Steven A. Feldman, Hauppauge, N.Y., for respondent.
Before: HOWARD MILLER and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed.
On this appeal, the People contend that the Supreme Court incorrectly determined that the defendant was denied the effective assistance of counsel. However, since the challenged order is not appealable, the appeal must be dismissed.
It is fundamental that the right of the People to appeal in a criminal case is statutorily determined ( see People v. Laing, 79 N.Y.2d 166, 170; Matter of State of New York v. King, 36 N.Y.2d 59, 63), and the statute conferring such right must be strictly construed ( see 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, or the right to seek leave to appeal, this court is without jurisdiction to hear the appeal ( see People v. Doe 170 A.D.2d 690; People v. Reap, 68 A.D.2d 964). Because CPL 450.20, which sets forth the instances when the People may appeal to an intermediate court, does not authorize an appeal from an order setting aside a verdict made on a trial court's own motion, this appeal must be dismissed ( see People v. Myers, 226 A.D.2d 557).
SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.