PEOPLE v. CRISP

In light of our decisions in People v. Silva ( 122 A.D.2d 750) andPeople v. Holden ( 260 A.D.2d 233, 689 N.Y.S.2d 40, lv denied 93 N.Y.2d 1003), we find defendant's arguments to be unavailing with regard to the applicability of CPLR provisions to this criminal proceeding. This is especially true in the absence of any express reference to the CPLR in CPL 190.50(5) and in view of the

Court of Appeals' practice of interpreting CPL provisions in accordance with the CPL's statutory scheme and without resort to the CPLR (see, People v. Coaye, 68 N.Y.2d 857, 858-59 fn).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.