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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANONYMOUS, DEFENDANT-APPELLANT. COMMISSIONER, NEW YORK STATE OFFICE OF MENTAL HEALTH.

The order appealed from is not a disposition listed in CPL 450.10 or 450.15, and the Criminal Procedure Law provides the sole bases for criminal appeals (see, People v. Stevens, 91 N.Y.2d 270, 277). The motion court was not "acting solely in the exercise of its civil jurisdiction" (CPL 10.10). Defendant remains under criminal indictment (see, People v. Schaffer, 86 N.Y.2d 460, 468), and the order clearly arose out of the criminal proceeding against him (see,People v. Santos, 64 N.Y.2d 702).

Motion seeking leave to proceed anonymously granted.

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PEOPLE v. ANONYMOUS
(Jun 19, 2001)