Summary
In People v. Pendleton, 35 N.Y.2d 690, 361 N.Y.S.2d 160, 319 N.E.2d 422 (1974), an appeal from a decision of the Appellate Division, which had reversed a trial judge's dismissal of a count after a bench trial, was dismissed by the Court of Appeals as unappealable. Although the would-be appellant had raised a double jeopardy claim in the Court of Appeals, see People ex rel. Pendleton v. Smith, 54 A.D.2d 195, 196, 388 N.Y.S.2d 426, 428 (4th Dept. 1976), that fact was not mentioned in the one-paragraph order of dismissal.
Summary of this case from Foster v. MurphyOpinion
Argued September 6, 1974
Decided October 7, 1974
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, J. WILLIS BARRETT, J.
Robert F. Zecher for appellant.
Stephen R. Sirkin, District Attorney, for respondent.
Appeal dismissed upon the ground that the order of the Appellate Division is not appealable to the Court of Appeals (see CPL 450.90, subd. 2, par. [a]; People v. Sullivan, 29 N.Y.2d 937).