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THERE IS NO MECHANISM IN THE CRIMINAL PROCEDURE LAW FOR A REPORTER’S MOTION TO INTERVENE IN A CRIMINAL PROCEEDING, THE REQUIREMENTS FOR A CPLR MOTION TO INTERVENE WERE NOT MET (FOURTH DEPT).

The Fourth Department determined there is no mechanism in the Criminal Procedure Law for a nonparty to intervene in a criminal case. Here a reporter sought information about the jurors who were deliberating a murder case. The court further found that the requirements for a CPLR 1013, 1014 motion to intervene were not met here:

… [I]t is well established that “[t]he Criminal Procedure Law provides no mechanism for a nonparty to intervene or be joined in a criminal case” … . Moreover, even assuming, arguendo, that the mechanism for intervening in an action set forth in the Civil Practice Law and Rules authorizes such an intervention in a criminal case (see CPLR 1013), we note that there is a statutory requirement that “[a] motion to intervene shall be accompanied by a proposed pleading setting forth the claim or defense for which intervention is sought” (CPLR 1014), and thus the court here would have “had no power to grant . . . leave to intervene” without a proposed pleading from the intervenors … . Consequently, in each appeal we must vacate the order [which denied the motion to intervene on other grounds] and dismiss the appeal. People v Conley, 2018 NY Slip Op 06647, Fourth Dept 10-5-18

CRIMINAL LAW (MOTION TO INTERVENE, THERE IS NO MECHANISM IN THE CRIMINAL PROCEDURE LAW FOR A REPORTER'S MOTION TO INTERVENE IN A CRIMINAL PROCEEDING, THE REQUIREMENTS FOR A CPLR MOTION TO INTERVENE WERE NOT MET (FOURTH DEPT))/CIVIL PROCEDURE (MOTION TO INTEREVENE, THERE IS NO MECHANISM IN THE CRIMINAL PROCEDURE LAW FOR A REPORTER'S MOTION TO INTERVENE IN A CRIMINAL PROCEEDING, THE REQUIREMENTS FOR A CPLR MOTION TO INTERVENE WERE NOT MET (FOURTH DEPT))/CPLR 1013, 1014  (MOTION TO INTERVENE, THERE IS NO MECHANISM IN THE CRIMINAL PROCEDURE LAW FOR A REPORTER'S MOTION TO INTERVENE IN A CRIMINAL PROCEEDING, THE REQUIREMENTS FOR A CPLR MOTION TO INTERVENE WERE NOT MET (FOURTH DEPT))/INTERVENE, MOTION TO (THERE IS NO MECHANISM IN THE CRIMINAL PROCEDURE LAW FOR A REPORTER'S MOTION TO INTERVENE IN A CRIMINAL PROCEEDING, THE REQUIREMENTS FOR A CPLR MOTION TO INTERVENE WERE NOT MET (FOURTH DEPT))/REPORTERS (CRIMINAL LAW, MOTION TO INTERVENE, THERE IS NO MECHANISM IN THE CRIMINAL PROCEDURE LAW FOR A REPORTER'S MOTION TO INTERVENE IN A CRIMINAL PROCEEDING, THE REQUIREMENTS FOR A CPLR MOTION TO INTERVENE WERE NOT MET (FOURTH DEPT))NEWSPAPERS (CRIMINAL LAW, MOTION TO INTERVENE, THERE IS NO MECHANISM IN THE CRIMINAL PROCEDURE LAW FOR A REPORTER'S MOTION TO INTERVENE IN A CRIMINAL PROCEEDING, THE REQUIREMENTS FOR A CPLR MOTION TO INTERVENE WERE NOT MET (FOURTH DEPT))/PRESS (CRIMINAL LAW, MOTION TO INTERVENE, THERE IS NO MECHANISM IN THE CRIMINAL PROCEDURE LAW FOR A REPORTER'S MOTION TO INTERVENE IN A CRIMINAL PROCEEDING, THE REQUIREMENTS FOR A CPLR MOTION TO INTERVENE WERE NOT MET (FOURTH DEPT))/MEDIA (CRIMINAL LAW, MOTION TO INTERVENE, THERE IS NO MECHANISM IN THE CRIMINAL PROCEDURE LAW FOR A REPORTER'S MOTION TO INTERVENE IN A CRIMINAL PROCEEDING, THE REQUIREMENTS FOR A CPLR MOTION TO INTERVENE WERE NOT MET (FOURTH DEPT))

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