People v. Jeffrey
| Citation | 23 A.D.2d 846,259 N.Y.S.2d 866 |
| Parties | The PEOPLE of the State of New York, Appellant, v. Leroy JEFFREY, Defendant-Respondent. |
| Decision Date | 25 May 1965 |
| Court | New York Supreme Court Appellate Division |
W. E. Dillon, New York City, for appellant.
M J. Lowe, New York City, for defendant-respondent.
Before RABIN, J. P. and VALENTE, McNALLY, EAGER and STEUER, JJ.
Appeal from order entered July 17, 1964 on a verdict of acquittal by direction of court, unanimously dismissed as nonappealable. Even assuming that the People are appealing from an order dismissing the indictment, as is stated in the notice of appeal dated July 17, 1964, an appeal does not lie from the dismissal of an indictment predicated on a finding of insufficiency of the evidence. (Matter of Kraemer v. County Court of Suffolk County, 6 N.Y.2d 363, 189 N.Y.S.2d 878, 160 N.E.2d 633; Code Crim.Proc., § 518, subds. 3, 5.) Furthermore, if it be assumed the appeal if from a determination that the confession was involuntary, sections 518, subd. 6, 518-a and 813-c of the Code of Criminal Procedure make no provision for such an appeal. Said sections deal exclusively with the return of property or the suppression of evidence; they have no application to an order determining a confession to be involuntary, made prior to or during the trial. There is now pending before [1965] Legislature a proposed amendment to section 518 authorizing an appeal by the People from an order determining a confession to be involuntary or otherwise inadmissible against a defendant when the order is made prior to trial (Print 5706, Intro. 5428, in Assembly). Also before the Legislature are Intro. S. 2750, Print S. 2891 and Intro. A. 4752, Print A. 4875 (Senate and Assembly) providing for determination of a motion before trial to suppress a confession and an appeal by the People from an order granting such relief.
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People v. Gold
...permitted the People to appeal from an order suppressing a confession, (sec. 518, subd. 6), no appeal was available. (People v. Jeffrey, 23 A.D.2d 846, 259 N.Y.S.2d 866, aff'd 17 N.Y.2d 515, 267 N.Y.S.2d 514, 214 N.E.2d Conversely, the defendant is similarly limited and his right to appeal ......
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People v. Jeffrey
...Respondent. Court of Appeals of New York. Jan. 20, 1966. Appeal from Supreme Court, Appellate Division, First Department, 23 A.D.2d 846, 259 N.Y.S.2d 866. Defendant was charged by indictment with first degree murder. The case was called for trial on July 7, 1964 and, after a jury was select......