The People &c.,
Respondent,
v.
Bulmaro Hernandez,
Appellant.
2002 NY Int. 56
As the result of a warrantless arrest, defendant was
charged in a misdemeanor complaint with consumption of alcohol in
a public place, disorderly conduct and resisting arrest. The
trial court dismissed the complaint pursuant to CPL 140.45. That
No appeal lies from a determination made in a criminal proceeding unless specifically provided for by statute (see People v Stevens, , 91 NY2d 270, 277 [1998]). In the context of CPL 450.20, we have stated that "[c]ourts must construe clear and unambiguous statutes as enacted and may not resort to interpretive contrivances to broaden the scope and application of statutes. This is especially so in one of the most highly structured and highly particularized articles of procedure -- appeals. Where a statute delineates the particular situations in which it is to apply, 'an irrefutable inference must be drawn that what is omitted or not included was intended to be omitted or excluded.' The words and numerical references and incorporations in CPL 450.20 could not be plainer * * *" (People v Laing, , 79 NY2d 166, 170-171 [1992] [citations omitted]).
CPL 450.20(1) only authorizes an appeal from an order
dismissing an accusatory instrument if the order was entered
"pursuant to section 170.30, 170.50, or 210.20." In contrast,
Accordingly, the order of the Appellate Term should be reversed and the case remitted to that court for dismissal of the appeal.