Sunday, March 18, 2012

If It Is Not In the Stipulated Record It Is Not Before The Appellate Court

In a reminder as to the importance of including key documents in the stipulated record on appeal, the Appellate Division, Fourth Department, in People v Scott (2012 NY Slip Op 01991 [4th Dept 3/16/12]), dismissed a People' appeal which sought to challenge the lower court's dismissal of an indictment pursuant to CPL 30.30, where the record included the lower court's decision, but failed to include the judgment or order dismissing the indictment. As the Court explained,

"[t]he appeal must be dismissed because no judgment or order is included in the record on appeal, and '[n]o appeal lies from a decision' (People v McCarter, 97 AD2d 852)."

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