Appellate Division says judge's dismissal to dismiss charges can't be appealed
ROCHESTER — Charles Tan, the Pittsford man who faced charges in his father's death, won't face another trial, an appellate court has ruled.
The decision Fourth District Appellate Division released its finding on Friday.
Tan was charged with murder in the death of his father Liang "Jim" Tan, who was CEO of Canandaigua-based Dynamax Imaging. After a hung jury was declared in the case in 2015, a judge dismissed the charges.
Recently, the Monroe County District Attorney's Office questioned that decision and sought the appeal. On Friday, the court denied the appeal unanimiously.In the decision, the court rules there is no statute to grant the district attorney's appeal. The judge says since there was no verdict — rather an order of dismissal was granted by the judge — the decision can't be appealed.
That's what Tan's attorneys have argued all along, but it's also what Monroe County District Attorney Sandra Doorley said while speaking about the case on "Dateline" before the office worked on the new appeal.
While the judges said the decision can't be appealed, they did agree that Judge James Piampiano's decision to dismiss the charges was incorrect.
The decision reads: "Were we able to review the merits, however, we would agree with the People that the court erred in dismissing the indictment."
So, in layman's terms, the appellate court says the law does not allow them to change Piampiano's decision to dismiss the charges against Tan. However, the court agrees with the DA's office that Piampiano made the wrong decision while handling the case.