PEOPLE v. PERRY (2025)

Appeal from order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about September 5, 2023, which denied defendant's motions to modify a protective order issued by the same court (Curtis Farber, J.), on or about July 30, 2021, during a criminal proceeding against him and to unseal the related transcript, unanimously dismissed as taken from a nonappealable order.

Defendant's motions, filed in Supreme Court, Criminal Term, sought to unseal a hearing transcript and, pursuant to CPL 245.70(5), to modify a protective order issued during the pendency of his now completed criminal action (see People v. Perry, 231 A.D.3d 492, 218 N.Y.S.3d 58 [1st Dept. 2024]).  The order, therefore, arose out of a criminal proceeding (see CPL 1.20[18][b];  People v. Hurley, 47 A.D.3d 488, 848 N.Y.S.2d 879 [1st Dept. 2008]), and “no appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization” (People v. Santos, 64 N.Y.2d 702, 704, 485 N.Y.S.2d 524, 474 N.E.2d 1192 [1984]).  Nothing in CPL article 450 authorizes an appeal from an order denying a motion to modify a protective order made pursuant to CPL 245.70(5).