People v. Marin, 48 N.Y.2d 537 (1979)

An order directing a prosecutor to inquire into potential electronic surveillance of a grand jury witness is not appealable because no statute authorizes such an appeal in criminal proceedings.

Summary

Marin, a grand jury witness, sought an order compelling the Special State Prosecutor to investigate whether federal authorities had conducted electronic surveillance on him and whether grand jury questions stemmed from such surveillance. The trial court denied the application, but the Appellate Division reversed and ordered the inquiry. The New York Court of Appeals addressed whether the Appellate Division had the authority to review the trial court’s order. The Court of Appeals held that no statute authorized the appeal, thus the Appellate Division lacked jurisdiction to hear the case. The appeal was dismissed.

Facts

Marin was a witness before a Grand Jury. He applied for a court order to compel the Special State Prosecutor to inquire with Federal authorities regarding potential electronic surveillance of himself. He also sought a statement from the prosecutor as to whether the questions asked to him before the grand jury were the product of any such surveillance. The Extraordinary Special and Trial Term of the Supreme Court denied Marin’s application.

Procedural History

The trial court denied Marin’s application. Marin appealed to the Appellate Division, which reversed the lower court’s decision and directed the prosecutor to make the requested inquiry. The Special State Prosecutor then appealed to the New York Court of Appeals.

Issue(s)

1. Whether an order compelling a prosecutor to inquire into potential electronic surveillance of a grand jury witness is appealable.

Holding

1. No, because the right to appeal in criminal cases is determined exclusively by statute, and no statute authorizes an appeal from such an order.

Court’s Reasoning

The Court of Appeals emphasized that the right to appeal in criminal cases is governed exclusively by statute. Since Marin could not identify any statute authorizing an appeal from the trial court’s order, the Appellate Division lacked the authority to review the decision. The court cited CPL 1.10 and 1.20, noting that criminal proceedings and appeals are exclusively governed by the Criminal Procedure Law and that the proceedings before the Grand Jury involved a criminal investigation. The court distinguished cases involving motions to quash subpoenas, noting that those motions are limited in scope and must be made promptly, whereas Marin’s application had the potential to delay the Grand Jury investigation significantly. The court stated, “That the Legislature has not authorized an appeal from an order in a criminal proceeding is conclusive; and ‘any arguments for a change in the practice, however persuasive, must be addressed to the legislature’.” The court also pointed out that appellate review could be obtained if Marin refused to answer questions and was held in contempt. Permitting appeals like Marin’s could “paralyze[ ]” investigations due to a proliferation of appeals. The court concluded that the appeal should be dismissed and the matter remitted to the Appellate Division with instructions to dismiss the appeal taken to that court.