Legal Opinion

People v. Long

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 2011PublishedCited by 1 opinion

1Opinion of the Court

Memorandum:

We previously held this case, reserved decision and remitted the matter to Supreme Court for compliance with Correction Law § 168-n (3), based on the court’s failure “to set forth the findings of fact and conclusions of law upon which it based its determination” (People v Long, 81 AD3d 1432, 1433 [2011]). We agree with defendant that, upon remittal, the court failed to set forth its findings of fact and conclusions of law in an adequate manner, i.e., the court failed to note the “evidence upon which” its determination was based (People v Smith, 11 NY3d 797, 798 [2008]), and the…

2Cases cited5 opinions

  1. People v. UrbanskiAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. MirandaAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. SmithNew York Court of Appeals · 2008
  4. People v. PardoAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. LongAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by1 opinion

  1. People v. PalmerNew York Court of Appeals · 2013

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