People v. Reynolds

Appellate Division of the Supreme Court of New York

People v. Reynolds

19 A.D.3d 107, 795 N.Y.S.2d 450, 2005 N.Y. App. Div. LEXIS 5907

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

DecidedJune 2, 2005

StatusPublished

This text of 19 A.D.3d 107 (People v. Reynolds) 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. Reynolds, 19 A.D.3d 107, 795 N.Y.S.2d 450, 2005 N.Y. App. Div. LEXIS 5907 (N.Y. Ct. App. 2005).

Pincite

Opinion

Appeal from order, Supreme Court, New York County (Leslie Crocker Snyder, J.), entered on or about October 2, 2003, which denied appellant’s motion to vacate a prior order of the same court and Justice, directing distribution of certain funds recovered from the execution of a search warrant respecting appellant’s property and person, unanimously dismissed.

The order from which appellant purports to appeal, essentially denying appellant’s challenge to the court’s direction that certain property be distributed pursuant to CPL 690.55 and Penal Law § 450.10, is not appealable (see People v Anonymous, 284 AD2d 207, 208 [2001]; People v Smith, 53 AD2d 1004 [1976]). The proper avenue for appellant to have pursued for the return of the property after his demands were allegedly ignored would have been to commence a proceeding pursuant to CPLR article 78 for a writ of mandamus (Preiser, Practice Commentaries, McKinney’s Cons Laws of NY, Book 11 A, CPL 690.55, at 543-544 [1995]) or a plenary action sounding in replevin. Concur—Buckley, EJ., Tom, Mazzarelli, Ellerin and Gonzalez, JJ.

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

Appeal from order, Supreme Court, New York County (Leslie Crocker Snyder, J.), entered on or about October 2, 2003, which denied appellant’s motion to vacate a prior order of the same court and Justice, directing distribution of certain funds recovered from the execution of a search warrant respecting appellant’s property and person, unanimously dismissed.

The order from which appellant purports to appeal, essentially denying appellant’s challenge to the court’s direction that certain property be distributed pursuant to CPL 690.55 and Penal Law § 450.10, is not appealable (see People v Anonymous, 284 AD2d 207, 208 [2001]; People v Smith, 53 AD2d 1004 [1976]). The proper avenue for appellant to have pursued for the return of the property after his demands were allegedly ignored would have been to commence a proceeding pursuant to CPLR article 78 for a writ of mandamus (Preiser, Practice Commentaries, McKinney’s Cons Laws of NY, Book 11 A, CPL 690.55, at 543-544 [1995]) or a plenary action sounding in replevin. Concur—Buckley, EJ., Tom, Mazzarelli, Ellerin and Gonzalez, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

19 A.D.3d 107, 795 N.Y.S.2d 450, 2005 N.Y. App. Div. LEXIS 5907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reynolds-nyappdiv-2005.

Opinion

Related

Cite This Page — Counsel Stack