People v. Mayo

289 N.E.2d 556, 31 N.Y.2d 707, 337 N.Y.S.2d 515, 1972 N.Y. LEXIS 1067

Opinion

Appeal dismissed and the case remitted to the County Court of Oneida County for further proceedings on the indictment in the following memorandum: The appeal should be dismissed on the ground that an appeal from an order entered in the course of a trial — granting defendant’s motion to preclude, as impermissible'under the Sixth Amendment, the reception of the transcript of testimony elicited upon a Huntley hearing from a police officer since deceased — was not authorized by section 518 of the former Code of Criminal Procedure permitting appeals from, among others, ‘ ‘ an order of a court entered prior to trial granting a motion for the return of property or suppression of evidence, made pursuant to section eight hundred thirteen-c ” (emphasis supplied). Section 813-c related solely to unlawful search and seizure and provided that a person claiming to be aggrieved thereby ‘ ‘ may move for the return of such property or for the suppression of its use as evidence.”