People v. Furtak

Appellate Division of the Supreme Court of New York

People v. Furtak

29 A.D.2d 830, 287 N.Y.S.2d 632, 1968 N.Y. App. Div. LEXIS 4687

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 1968

StatusPublished

This text of 29 A.D.2d 830 (People v. Furtak) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Furtak, 29 A.D.2d 830, 287 N.Y.S.2d 632, 1968 N.Y. App. Div. LEXIS 4687 (N.Y. Ct. App. 1968).

Pincite

Opinion

Appeal unanimously dismissed. Memorandum: [831]*831The order is not appealable; it does not fall within the provisions of section 517 of the Code of Criminal Procedure and there is no other statutory authority for the appeal. (People v. Parker, 28 A D 2d 1121; People v. Pilon, 27 A D 2d 688; People v. Finney, 20 A D 2d 661; People v. Moore, 18 A D 2d 616.) Furthermore, if the order were appealable, we would affirm on the ground that the papers sought are not relevant to an appeal from, an order denying a motion to suppress evidence made after a judgment of conviction has been affirmed. (Appeal from order of Steuben County Court denying, without a hearing, motion for free papers.) Present — Goldman, J. P., Del Vecchio, Marsh, Witmer and Henry, JJ.

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Appeal unanimously dismissed. Memorandum: [831]*831The order is not appealable; it does not fall within the provisions of section 517 of the Code of Criminal Procedure and there is no other statutory authority for the appeal. (People v. Parker, 28 A D 2d 1121; People v. Pilon, 27 A D 2d 688; People v. Finney, 20 A D 2d 661; People v. Moore, 18 A D 2d 616.) Furthermore, if the order were appealable, we would affirm on the ground that the papers sought are not relevant to an appeal from, an order denying a motion to suppress evidence made after a judgment of conviction has been affirmed. (Appeal from order of Steuben County Court denying, without a hearing, motion for free papers.) Present — Goldman, J. P., Del Vecchio, Marsh, Witmer and Henry, JJ.

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Bluebook (online)

29 A.D.2d 830, 287 N.Y.S.2d 632, 1968 N.Y. App. Div. LEXIS 4687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-furtak-nyappdiv-1968.