People v. EdwardsPeople v. Edwards
Order unanimously reversed and indictment reinstated. Memorandum: Defendant, an American Indian, was indicted for having committed within the territory of the Onondaga Indian Reservation the crimes of murder, robbery, assault and grand larceny. The indictment was dismissed by the court, sua sport te, at a motion term, upon the finding that "as a matter of law, the federal government has exclusive, jurisdiction over the crimes charged”. Initially, we reject defendant’s contention that the order dismissing the indictment is not appealable by the People. That the order was entered upon the court’s own motion and not upon motion of defendant does not divest the People of their historic right to appeal in circumstances where the order is entered before commencement of trial and finally determines the People’s case (see former Code Crim Pro, § 518). It is sufficient to preserve the People’s right to appeal under CPL 450.20 (subd 1), that the ground upon which the dismissal was based (CPL 210.20, subd 1, par [h]) is one upon which defendant was authorized to move for such relief (cf. People v Coppa,