Home/New York Court of Appeals/People v. Kellar

People v. Kellar

678 N.E.2d 464, 89 N.Y.2d 948, 655 N.Y.S.2d 852, 1997 N.Y. LEXIS 86
CourtNew York Court of Appeals
DecidedFebruary 6, 1997
StatusPublished
Cited by9 cases

This text of 678 N.E.2d 464 (People v. Kellar) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Kellar, 678 N.E.2d 464, 89 N.Y.2d 948, 655 N.Y.S.2d 852, 1997 N.Y. LEXIS 86 (N.Y. 1997).

Opinion

OPINION OF THE COURT

Memorandum.

Defendant’s appeal should be dismissed, and the matter remitted to the Appellate Division for dismissal of defendant’s appeal to that court. County Court’s order denying defendant’s motion pursuant to CPL 440.30 (1-a) is not appealable to the Appellate Division as of right {see, CPL 450.10), and an appeal of such an order to the Appellate Division is not available under CPL 450.15. When the Legislature enacted CPL 440.30 (1-a) in 1994, it made no provision for appeal of orders emanating from applications for relief under that remedial section, nor did it add to the list of prescribed authorizations for appeals under CPL 450.10 or 450.15. Because the County Court order is not appealable to the Appellate Division, no appeal from the Appellate Division order lies in this Court {see, CPL 450.90).

Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Ciparick and Wesley concur in memorandum; Judge Levine taking no part.

Appeal dismissed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Back
138 A.D.3d 1254 (Appellate Division of the Supreme Court of New York, 2016)
People v. C.R. & D.W.
35 Misc. 3d 762 (New York Supreme Court, 2012)
People v. Caruso
34 A.D.3d 860 (Appellate Division of the Supreme Court of New York, 2006)
People v. Byrdsong
33 A.D.3d 175 (Appellate Division of the Supreme Court of New York, 2006)
People v. Sterling
6 Misc. 3d 712 (New York County Courts, 2004)
People v. Pugh
288 A.D.2d 634 (Appellate Division of the Supreme Court of New York, 2001)
People v. Stevens
692 N.E.2d 985 (New York Court of Appeals, 1998)
People v. Stokes
247 A.D.2d 919 (Appellate Division of the Supreme Court of New York, 1998)
People v. Greenidge
241 A.D.2d 395 (Appellate Division of the Supreme Court of New York, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
678 N.E.2d 464, 89 N.Y.2d 948, 655 N.Y.S.2d 852, 1997 N.Y. LEXIS 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kellar-ny-1997.