People v. Brown
| Decision Date | 27 February 1964 |
| Citation | 247 N.Y.S.2d 528,20 A.D.2d 756 |
| Parties | PEOPLE v. Waynon W. BROWN et al. |
| Court | New York Supreme Court — Appellate Division |
Appellants' motions denied and motions of respondent granted and appeals dismissed.
The orders denying separate trials are intermediate in character. It is well settled that the right of appeal in criminal cases is purely statutory, not a matter of constitutional right, and that jurisdiction cannot be assumed unless there is statutory authority for its exercise (People v. Marra, 13 N.Y.2d 18, 241 N.Y.S.2d 409, 191 N.E.2d 792; Matter of Ryan [Hogan], 306 N.Y. 11, 114 N.E.2d 183). Section 517 of the Code of Criminal Procedure provides that a defendant may appeal, as of right, from a judgment of conviction, upon which appeal any intermediate order which is a part of the judgment roll, such as the one before us, may then be reviewed. (Orders entered February 25, 1964.)
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People v. Gold
... ... sec. 517; see Paperno & Goldstein, Criminal Procedure in New York (1960) sec. 408) ... Thus, the Fourth Department, citing Zerillo and Gersewitz, ruled that an application for resentence is not appealable (People v. Sidoti, 1 A.D.2d 232, 149 N.Y.S.2d 371; see also, People v. Brown, 20 A.D.2d 756, 247 N.Y.S.2d 528, rev'd on other grounds 26 A.D.2d 614, 271 N.Y.S.2d 933); and the [65 Misc.2d 878] First Department held that the omission to provide for an appeal is conclusive and bars appeal from the denial of a certificate of reasonable doubt (People ex rel. Epton v. Nenna, 25 ... ...
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