Court of Appeals of New York
Argued November 23, 1976
Decided December 20, 1976
41 N.Y.2d 60, 359 N.E.2d 377, 390 N.Y.S.2d 867
OPINION OF THE COURT
County Court dismissed the indictment in this case on two grounds, the existence of the client-attorney privilege of confidentiality, a ground constituting a legal basis under CPL 210.20 (subd 1, par [h]), and, alternatively, in the interest of justice pursuant to CPL 210.20 (subd 1, par [i]) and 210.40. The Appellate Division affirmed the order of dismissal. ...
[T]he order affirming the dismissal of the indictment ... is not reviewable in our court. To the extent that the dismissal, affirmed by the Appellate Division, was granted in the interest of justice, only questions with respect to the exercise of discretion would be tendered for appellate review. Our court's jurisdiction, however, with exceptions not material here, is limited to review of questions of law (NY Const, art VI, §3, subd a). Consequently, insofar as the dismissal of this indictment was granted in the interest of justice it is outside the scope of our review, unless it could be said that there was an abuse of discretion as a matter of law. There is no predicate for any such contention in the record now before us. ...