Legal Opinion
People v. Dercole
New York Court of Appeals
Decided February 12, 1981PublishedCited by 33 opinions
1Opinion of the Court
*957OPINION OF THE COURT
Memorandum.
The appeal should be dismissed.
The Appellate Division’s determination to reverse did not satisfy the jurisdictional predicate that it be made on the law alone or on the law and such facts which, except for the determination of law, would not have led to the reversal (CPL 450.90, subd 2). Although the order states that the reversal is on the law, the opinion reveals that it was based on the asserted repugnancy of the trial court’s verdicts, to which timely objection had not been taken.
As we made clear in People v Johnson (47 NY2d 124), a reversal by the Appellate…
2Cases cited3 opinions
- People v. ConaNew York Court of Appeals · 1979
- People v. JohnsonNew York Court of Appeals · 1979
- Panico v. YoungNew York Court of Appeals · 1979
3Cited by33 opinions
- People v. NievesNew York Court of Appeals · 2004
- People v. HokeNew York Court of Appeals · 1984
- People v. Baumann & Sons Buses, Inc.New York Court of Appeals · 2006
- Rowe v. Superior Court, Judicial District of New HavenSupreme Court of Connecticut · 2008
- People v. WombleAppellate Division of the Supreme Court of the State of New York · 1985
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