| Matter of People v Juarez |
| 2018 NY Slip Op 05969 [164 AD3d 1106] |
| September 6, 2018 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of The People of the State of New York,
Respondent, v Conrado Juarez, Defendant. Frances Robles, Nonparty Appellant. |
Levine Sullivan Koch & Schulz, LLP, New York (Katherine M. Bolger of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Diane N. Princ of counsel), for respondent.
Baker & Hostetler, LLP, Washington, D.C., (Mark I. Bailen of counsel), for amici curiae.
Upon remittitur from the Court of Appeals (31 NY3d 1186 [2018]), appeal from an order, Supreme Court, New York County (Bonnie Wittner, J.), entered on or about August 4, 2016, which denied nonparty appellant's motions to quash subpoenas requiring her testimony and the production of notes relating to her jailhouse interview of the defendant in the underlying criminal proceeding, unanimously dismissed, without costs, as taken from a nonappealable order.
"[N]o appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization" (Matter of People v Juarez, 31 NY3d 1186,1187 [2018], quoting People v Santos, 64 NY2d 702, 704 [1984]). As pertinent to the issue in this case, "an order determining a motion to quash a subpoena . . . issued in the course of prosecution of a criminal action, arises out of a criminal proceeding for which no direct appellate review is authorized" (id.; see CPL art 450). Concur—Sweeny, J.P., Renwick, Manzanet-Daniels, Gische, Webber, JJ.