People v. Markham (114 A.D. 387, 1906)

O’Brien, P. J.:

The appellant was convicted by the Court of Special Sessions of unlawfully operating a motor vehicle in violation of chapter 538 of the Laws of 1904, but the court suspended sentence. Appellant took an appeal from the conviction and the district attorney makes this motion to dismiss the appeal upon the ground that in a criminal action an appeal can only be taken from a judgment and that there is no judgment against the appellant in this action.

Section 750 of the Code of Criminal Procedure provides that from Courts of Special Sessions “ an appeal may be allowed for an erroneous decision or determination of law or fact upon the trial.” Section 1414 of the Greater Pew York charter (Laws of 1901, chap. 466) provides: “ If any judgment or determination made by the said Court of Special Sessions shall be adverse to the defendant he may appeal therefrom in the same manner as from a judgment in an action prosecuted by indictment, and may be admitted to bail upon an appeal in like manner; and if the judgment of the Supreme Court upon such an appeal shall be adverse to the defendant he may appeal therefrom to the Court of Appeals as prescribed in the Code of Criminal Procedure. - In case of any such appeal to the Supreme Court or to the Court of Appeals, the procedure in, and the jurisdiction of, the said courts respectively shall be the same as from a judgment of conviction after indictment.”

This section clearly shows that it was the intention of the Legislature to give the same right of appeal, and no broader right, from the Special Sessions that is provided for in actions at General Sessions.

Section 517 of the Code of Criminal Procedure provides that !