People v. Sullivan

Motion granted and appeal dismissed. This court may entertain an appeal from an order of the Appellate Division reversing a judgment of conviction and ordering a new trial only if such reversal be on the law alone (Cohen and Karger, Powers of the New York Court of Appeals, p. 754). Where an Appellate Division order recites that its reversal is “on the law ’ ’, the court may look to the opinion to determine whether the Appellate Division reversed on the facts or in the exercise of discretion (People v. Woodruff, 27 N Y 2d 801, 802; People v. Rainey, 27 N Y 2d 748; cf. People v. Rossi, 11 N Y…