People v. Garris

Appellate Terms of the Supreme Court of New York

People v. Garris

166 Misc. 2d 362, 636 N.Y.S.2d 561, 1995 N.Y. Misc. LEXIS 605

CourtAppellate Terms of the Supreme Court of New York

DecidedSeptember 27, 1995

StatusPublished

This text of 166 Misc. 2d 362 (People v. Garris) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Garris, 166 Misc. 2d 362, 636 N.Y.S.2d 561, 1995 N.Y. Misc. LEXIS 605 (N.Y. Ct. App. 1995).

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Opinion

[363]*363OPINION OF THE COURT

Memorandum.

Appeal unanimously dismissed.

Although defendant appeals from the judgment of conviction, the appeal, as limited by his brief, is from a modified order of protection directing defendant to stay away from and refrain from contacting the complainant and her three children.

It is well settled that no appeal lies from an order in a criminal proceeding absent specific statutory authorization (People v Santos, 64 NY2d 702; People v De Jesus, 54 NY2d 447). Under the circumstances presented, the instant appeal cannot be maintained since there is no statutory authorization to review on appeal from a judgment of conviction, an order of protection issued pursuant to CPL 530.12 that is neither a condition of probation nor of a conditional discharge pursuant to Penal Law § 65.10 (2) (k) (see, CPL 450.10, 450.20).

Di Paola, P. J., Stark and Luciano, JJ., concur.

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[363]*363OPINION OF THE COURT

Memorandum.

Appeal unanimously dismissed.

Although defendant appeals from the judgment of conviction, the appeal, as limited by his brief, is from a modified order of protection directing defendant to stay away from and refrain from contacting the complainant and her three children.

It is well settled that no appeal lies from an order in a criminal proceeding absent specific statutory authorization (People v Santos, 64 NY2d 702; People v De Jesus, 54 NY2d 447). Under the circumstances presented, the instant appeal cannot be maintained since there is no statutory authorization to review on appeal from a judgment of conviction, an order of protection issued pursuant to CPL 530.12 that is neither a condition of probation nor of a conditional discharge pursuant to Penal Law § 65.10 (2) (k) (see, CPL 450.10, 450.20).

Di Paola, P. J., Stark and Luciano, JJ., concur.

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Bluebook (online)

166 Misc. 2d 362, 636 N.Y.S.2d 561, 1995 N.Y. Misc. LEXIS 605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garris-nyappterm-1995.

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