| People of State of New York v Antonio Stamos |
| Motion No: 2009-00677 WC |
| Slip Opinion No: 2009 NY Slip Op 90609(U) |
| Decided on December 3, 2009 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- ANTONIO STAMOS, Appellant. |
DECISION
Motion by respondent to dismiss appeal is denied.
Although as a general rule no appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization (see CPL 450.10; People v Santos, 64 NY2d 702, 704 [1984]; People v Herrara, 171 AD2d 85, 87 [1991]), an appeal from an order denying a motion to seal a court record is a civil appeal since it does not affect the criminal judgment itself, but only a collateral aspect thereof (cf. Matter of Katherine B. v Cataldo, 5 NY3d 196, 201 [2005]; Matter of Hynes v Karassik, 47 NY2d 659, 661 [1979]).