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PEOPLE v. JUAREZ

No. 58.

31 N.Y.3d 1186 (2018)

107 N.E.3d 556

82 N.Y.S.3d 336

2018 NY Slip Op 04684

In the Matter of the PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CONRADO JUAREZ, Defendant. FRANCES ROBLES, Nonparty Respondent.

Court of Appeals of New York.

Decided June 27, 2018.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr., District Attorney, New York City (Diane N. Princ, Hilary Hassler and Melissa Mourges of counsel), for appellant.

Levine Sullivan Koch & Schulz, LLP, New York City (Katherine M. Bolger, David A. Schulz and Thomas B. Sullivan of counsel), and Davis Wright Tremaine LLP, New York City (Katherine M. Bolger of counsel), for nonparty respondent.

Cahill Gordon & Reindel, LLP, New York City (Joel Kurtzberg, Nicole Ligon and Ivan Torres of counsel), for Asian American Journalists Association and others, amici curiae.

Baker & Hostetler, LLP, Washington, D.C. (Mark I. Bailen of counsel) and New York City (Peter B. Shapiro of counsel), and Reporters Committee for Freedom of the Press, Washington, D.C. (Bruce D. Brown, Gregg P. Leslie and Caitlin V. Vogus of counsel), for Reporters Committee for Freedom of the Press and others, amici curiae.

Scott D. McNamara, District Attorneys Association of the State of New York (Jordan K. Hummel and Nancy D. Killian of counsel), for District Attorneys Association of the State of New York, amicus curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the case remitted to the Appellate Division with directions to dismiss the appeal taken to that Court. Supreme Court's order denying nonparty Frances Robles's motions to quash certain subpoenas served on her was issued in a criminal action. Inasmuch as no direct appellate review of such orders is authorized under CPL article 450, no appeal lies.

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