New York Court of Appeals

The People of the State of New York, Respondent v. Patricio Bautista, Appellant

September 21, 20067 N.Y.3d 838

Summary

The New York Court of Appeals dismissed the appellant's attempt to appeal an order denying an application for resentencing, holding that such an order is not appealable to the Court of Appeals under the statutes governing criminal appeals. The court reasoned that the relevant statutes (CPL 450.90, CPL 470.60, and Chapter 643 of the Laws of 2005) do not authorize a permission appeal in this circumstance.