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SUPPRESSION COURT’S FAILURE TO EXPLAIN THE BASIS FOR DENYING THE MOTION TO SUPPRESS PRECLUDED DETERMINATION OF THE APPEAL; MATTER REMITTED (SECOND DEPT).

The Second Department, holding the appeal and remitting the matter, noted that the suppression court’s failure to provide the basis for its denial of defendant’s suppression motion precluded determination of the appeal:

The defendant’s appeal from the order must be dismissed, as no appeal lies, as of right or by permission, from an order denying a motion to suppress evidence (see CPL 450.10, 450.15 …). The issues raised on the appeal from the order are brought up for review on the appeal from the judgment.

“Upon an appeal to an intermediate appellate court from a judgment, sentence or order of a criminal court, such intermediate appellate court may consider and determine any question of law or issue of fact involving error or defect in the criminal court proceedings which may have adversely affected the appellant” (CPL 470.15[1]). The Court of Appeals “has construed CPL 470.15(1) as a legislative restriction on the Appellate Division’s power to review issues either decided in an appellant’s favor, or not ruled upon, by the trial court” … . “CPL 470.15(1) bars [the Appellate Division] from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court'” … .

… [W]e must hold the appeal from the judgment in abeyance and remit the matter to the Supreme Court … to articulate the basis or bases for its denial of those branches of the defendant’s omnibus motion which were to suppress physical evidence and his statement to law enforcement officials. People v Rice, 2020 NY Slip Op 03402, Second Dept 6-17-20

 

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