Authorizes an appeal by the people as of right to an intermediate appellate court from certain orders of a criminal court suppressing evidence

1 Co-sponsor

• Thomas P. Morahan

Title of bill

An act to amend the criminal procedure law, in relation to appeals from certain orders of suppression

Purpose

To authorize the People to appeal to an intermediate appellate court from an order precluding the introduction of evidence.

Summary of provisions

Section 1 amends CPL 450.20(8) to authorize an appeal by the People to an intermediate appellate court from an order precluding the introduction of evidence.

Section 2 Effective date.

Existing law

Under current law, the People may appeal to an intermediate appellate court from an order suppressing evidence. However, the People cannot appeal from an order precluding evidence, even if the order of preclusion prevents the People from proceeding with the case. Thus, even if the order of preclusion effectively results in a dismissal, the People cannot appeal the preclusion order to an intermediate appellate court.

Justification

The bill closes a loophole in the Criminal Procedure Law that prevents the People from obtaining on appeal the reversal of all erroneous pre-trial orders that effectively prevent prosecutions from going forward. Under current law, when judges "suppress" (i.e., rule inadmissible at trial) key evidence prior to trial on the ground that the defendant's constitutional rights were violated, the prosecution has the right to take an immediate appeal whenever the effect of the suppression order is to destroy the prosecution's case. However, when judges "preclude" (i.e., rule inadmissible at trial) key evidence prior to trial on the ground that a mere statutory right of the defendant was violated, the prosecution has no right to appeal the preclusion order -- even when its effect also destroys the prosecution's case. This confounding conclusion, as the Court of Appeals observed in its 1992 decision in PEOPLE v. LAING , 79 NY 2d 166, is based solely on the wording of subdivision 8 of Section 450.20 of the Criminal Procedure Law, which confers on the prosecution the right to appeal pre-trial orders "suppressing" evidence but makes no mention of pre-trial order "precluding" evidence.

This rule is untenable because it makes the appellate rights of the prosecution turn on a mere matter of form and because it prevents the prosecution from obtaining appellate reversal of wrongly entered orders barring the use at trial of critical evidence. The bill corrects this loophole by amending subdivision 8 of Section 450.20 to expressly authorize appeals from pre-trial orders "precluding" evidence. See, PEOPLE v. MYERS , AD 2d, 2d Dept., decided April 15, 1996, in which the Second Department urged the Legislature to amend CPL 450.20 to cure this anomaly.

Legislative history

2007-08, S.2370, Passed Senate both years. 2005-06, S.1530, Passed Senate both years. 2003-04, S.1109, Passed Senate. 2001-02, S.205/A.632, Passed the Senate both years. 1999-00, S.145/A.176, Passed the Senate. 1997-98, S.1708/A.2846 Passed the Senate both years.

Fiscal implications

Unknown.

Effective date

Immediately.