| People v Herne |
| 2011 NY Slip Op 04119 [84 AD3d 1589] |
| May 19, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Appellant, v Joseph M.Herne, Respondent. |
—[*1] Stanley L. Cohen & Associates, L.L.C., New York City (Stanley L. Cohen of counsel), forrespondent.
Rose, J. Appeal from a decision of the County Court of St. Lawrence County (Richards, J.),dated December 1, 2009, which granted defendant's motions to suppress evidence and dismissthe indictment.
A United States Border Patrol agent stopped a pick-up truck driven by defendant and, afterinquiry, discovered over 50 pounds of marihuana in a hidden compartment built under the bed ofthe truck. Defendant was charged with criminal possession of marihuana in the first degree andthe People consented to a suppression hearing, at which the sole issue was whether the initialstop of the vehicle was justified. County Court concluded that it was not and granted defendant'smotions to suppress the marihuana and dismiss the indictment. The People appeal.
CPL 450.20 permits the People to appeal from "[a]n order suppressing evidence,entered before trial pursuant to [CPL] 710.20" (CPL 450.20 [8] [emphasis added];see CPL 460.10 [1] [a]). There is nothing in this record to suggest that County Court'soral ruling suppressing the evidence was ever reduced to a signed writing and entered. Nor isthere any order dismissing the indictment (see CPL 450.20 [1]). Inasmuch as no appeallies from the oral rulings (see People v Holmes, 206 AD2d 542, 543 [1994]), this appealmust be dismissed and the matter is remitted to County Court for the issuance of the requiredorder (see People v Peck, 46 AD3d1098, 1099[*2][2007]).
Mercure, J.P., Malone Jr., Stein and Egan Jr., JJ., concur. Ordered that the appeal isdismissed and matter remitted to the County Court of St. Lawrence County for furtherproceedings not inconsistent with this Court's decision.