People v. Ouni

Appellate Division of the Supreme Court of New York

People v. Ouni

67 A.D.3d 1029, 888 N.Y.S.2d 760

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

DecidedNovember 24, 2009

StatusPublished

Cited by1 cases

This text of 67 A.D.3d 1029 (People v. Ouni) 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. Ouni, 67 A.D.3d 1029, 888 N.Y.S.2d 760 (N.Y. Ct. App. 2009).

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Opinion

Appeal by the defendant, as limited by his brief, from an oral decision of the Supreme Court, Kings County (Brennan, J.), dated January 21, 2009, denying his request for an adjournment.

Ordered that the appeal is dismissed.

It is settled that “[t]he right to appeal in a criminal action is purely statutory” (People v Taylor, 99 AD2d 820 [1984]; see People v Stevens, 91 NY2d 270, 277 [1998]). The oral denial of the defendant’s request for an adjournment is not a ruling from which a defendant may take an appeal either as of right (see CPL 450.10) or by permission (see CPL 450.15). The appeal, therefore, must be dismissed (cf. People v Oskroba, 305 NY 113, 117 [1953]). Fisher, J.P., Santucci, Dickerson, Chambers and Lott, JJ., concur.

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Appeal by the defendant, as limited by his brief, from an oral decision of the Supreme Court, Kings County (Brennan, J.), dated January 21, 2009, denying his request for an adjournment.

Ordered that the appeal is dismissed.

It is settled that “[t]he right to appeal in a criminal action is purely statutory” (People v Taylor, 99 AD2d 820 [1984]; see People v Stevens, 91 NY2d 270, 277 [1998]). The oral denial of the defendant’s request for an adjournment is not a ruling from which a defendant may take an appeal either as of right (see CPL 450.10) or by permission (see CPL 450.15). The appeal, therefore, must be dismissed (cf. People v Oskroba, 305 NY 113, 117 [1953]). Fisher, J.P., Santucci, Dickerson, Chambers and Lott, JJ., concur.

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Bluebook (online)

67 A.D.3d 1029, 888 N.Y.S.2d 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ouni-nyappdiv-2009.

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