Court of Appeals of New York

Reset A A Font size: Print

People v. Elmer, 127

In an appeal of two criminal cases on the question of whether an appeal lies from an oral order issued by the criminal court on a pre-trial matter, because the term "order" encompasses both oral and written orders, an appeal does lie from an oral "order." Thus, the Appellate Division erred in People v. Elmer by dismissing the appeal and remitting the matter as the government was not entitled under section 450.20(1) to appellate review of the lower court's oral decision dismissing certain counts of the indictment. Similarly, in People v. Cooper, it was an error to conclude that defendant's appeal under section 710.70 was forfeited by the entry of his guilty plea simply because the oral order had not been issued in writing.

Appellate Information

  • Decided 06/27/2012
  • Published 06/27/2012

Judges

  • Jones

Court

  • Court of Appeals of New York

Counsel

Copied to clipboard