Opinion
No. 2011–2135 Q CR.
2013-04-8
The PEOPLE of the State of New York, Appellant, v. Shawn M. MARSH, Respondent.
Present: RIOS, J.P., WESTON and ALIOTTA, JJ.
Appeal from an order of the Criminal Court of the City of New York, Queens County (Terrence C. O'Connor, J.), issued July 7, 2011. The order granted defendant's motion to dismiss the accusatory instrument.
ORDERED that the appeal is dismissed.
At arraignment, defendant orally moved to dismiss the accusatory instrument as being facially insufficient and the People opposed the motion. The Criminal Court granted defendant's motion and dismissed the accusatory instrument. The People appeal, purportedly pursuant to CPL 450.20(1), from the court's oral order.
No appeal lies from a determination made in a criminal proceeding unless specifically provided for by statute ( see People v. Hernandez, 98 N.Y.2d 8, 10 [2002];People v. Stevens, 91 N.Y.2d 270, 277 [1998] ).CPL 450.20(1) authorizes an appeal from an order dismissing an accusatory instrument only if the order was entered pursuant to CPL 170.30, 170.50, or 210.20, which sections apply to orders dismissing an accusatory instrument after arraignment. Here, the dismissal of the accusatory instrument occurred at the arraignment ( seeCPL 140.45). Thus, this court lacks jurisdiction to hear the People's appeal ( see Hernandez, 98 N.Y.2d at 10).
Accordingly, the appeal is dismissed.