People v. Laing

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. LEMONT LAING, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 24, 1990

168 A.D.2d 635 (N.Y. App. Div. 1990)

562 N.Y.S.2d 972

Opinion

December 24, 1990

Appeal from the Supreme Court, Queens County (Linakis, J.).

Ordered that the appeal is dismissed.

"As a rule, no appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization" (People v. Santos, 64 N.Y.2d 702, 704). CPL 450.20 (8) permits an appeal by the People only when suppression is granted under CPL 710.20, and that was not the basis for the preclusion in this case. Since there is no statutory authorization for the instant appeal, it must be dismissed. Eiber, J.P., Sullivan, Balletta and O'Brien, JJ., concur.