People v. Garofalo
| Decision Date | 25 March 1980 |
| Citation | 49 N.Y.2d 879,427 N.Y.S.2d 990 |
| Parties | , 405 N.E.2d 233 The PEOPLE of the State of New York, Appellant, v. Frank S. GAROFALO, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal dismissed without costs, by the Court sua sponte, upon the ground that a certificate granting leave to appeal from an Appellate Division, 71 A.D.2d 782, 417 N.Y.S.2d 784, order dismissing an appeal thereto may be issued only by a judge of the Court of Appeals (CPL 470.60).
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6 cases
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People v. Ainsworth
... ... "The right of review by appeal in criminal matters ... is determined exclusively by statute" (Matter of State v. King, 36 N.Y.2d 59, 63, 364 N.Y.S.2d 879, 324 N.E.2d 351), and is to be strictly construed (People v. Rossi, 5 N.Y.2d 396, 400, 185 N.Y.S.2d 5, 157 N.E.2d 859; People v. Garofalo, 71 A.D.2d 782, 419 N.Y.S.2d 784, app. dism. 49 N.Y.2d 879, 427 N.Y.S.2d 990, 405 N.E.2d 233). The first trial of this case began in June 1983, shortly after amendments to CPL 450.20(2) and CPL 290.10 became effective on May 31st of the same year. Concerning these amendments, we noted in People ... ...
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People v. Weaver
... ... Garofalo, 71 A.D.2d 782, 419 N.Y.S.2d 784, appeal dismissed 49 N.Y.2d 879, 427 N.Y.S.2d 990, 405 N.E.2d 233). The People's appeal from the suppression order, then, inasmuch as it is statutorily allowed (CPL 450.20), is limited to County Court's suppression of defendant's statements to the investigating ... ...
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People v. Woods
... ... moved to preclude the watch on the grounds of surprise and prejudice. The court, believing that if defendant's motion for a mistrial were granted, then double jeopardy would attach (but see People v. Garofalo, 71 A.D.2d 782, 419 N.Y.S.2d 784, app. dsd., 49 N.Y.2d 879, 427 N.Y.S.2d 990, 405 N.E.2d 233, rearg. gr. & original determination adhered to 75 A.D.2d 980, 453 N.Y.S.2d 382), allowed the watch to be admitted into evidence, predicating its decision on a finding that any prejudice to the defendant ... ...
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In the Matter of Michael C. Green v. Demarco
...to trial ( see CPL 450.20 [8]; see generally [925 N.Y.S.2d 765] People v. Garofalo, 71 A.D.2d 782, 419 N.Y.S.2d 784, appeal dismissed 49 N.Y.2d 879, 427 N.Y.S.2d 990, 405 N.E.2d 233). Although the “appealability or nonappealability of an issue is not dispositive” ( Holtzman, 71 N.Y.2d at 57......
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