7 N.Y.3d 838 (2006)

The Court of Appeals lacks jurisdiction to hear appeals from orders denying resentencing applications under Chapter 643 of the Laws of 2005 unless specifically authorized by statute.

Summary

This case concerns the appealability of an order denying a resentencing application. Patricio Bautista sought to appeal the denial of his resentencing application to the New York Court of Appeals. The Court of Appeals held that it lacked jurisdiction to hear the appeal because the legislature did not explicitly authorize appeals to the Court of Appeals from such orders in Chapter 643 of the Laws of 2005, nor did it amend CPL 450.10 or CPL 450.15 to include such orders within the scope of CPL 450.90(1). The Court emphasized that appeals in criminal cases are strictly limited to those authorized by statute.

Facts

The relevant fact is that Patricio Bautista sought to appeal an order denying his application for resentencing based on Chapter 643 of the Laws of 2005.

Procedural History

Bautista appealed the denial of his resentencing application to the Court of Appeals. The Court of Appeals considered whether it had jurisdiction to hear the appeal.

Issue(s)

Whether Chapter 643 of the Laws of 2005 authorizes an appeal to the Court of Appeals from an order denying a resentencing application.

Holding

No, because the legislature did not explicitly mention CPL 450.90 in Chapter 643, nor did it amend CPL 450.10 or CPL 450.15 to include orders denying resentencing applications within the scope of CPL 450.90(1).

Court’s Reasoning

The Court of Appeals emphasized that its jurisdiction in criminal cases is strictly limited to appeals authorized by statute. It noted that CPL 450.90(1) only allows appeals to the Court of Appeals by permission from adverse or partially adverse orders of intermediate appellate courts entered upon appeals taken pursuant to CPL 450.10, 450.15, or 450.20. Chapter 643 of the Laws of 2005 allows appeals as of right from orders denying resentencing. However, the legislature did not amend CPL 450.10 or CPL 450.15 to specifically include orders denying resentencing applications. The court stated, “[t]he Legislature failed to mention CPL 450.90 in chapter 643 of the Laws of 2005. Moreover, the Legislature did not amend the language of CPL 450.10 or CPL 450.15 to provide in those sections for appeals to the intermediate appellate court from orders denying applications for resentencing, so as to bring such orders within the scope of CPL 450.90 (1).” The court distinguished orders denying resentencing from appealable sentences or orders denying motions to set aside sentences. Therefore, the Court of Appeals concluded that it lacked jurisdiction to hear the appeal. The practical implication of this decision is that, absent explicit statutory authorization, orders denying resentencing applications cannot be appealed to the New York Court of Appeals.