People v. Albro

OPINION OF THE COURT

Chief Judge Cooke.

This appeal presents the court with its first opportunity to interpret the recent amendment to CPU 450.90 (subd 2, par [a]) — a provision designed to permit appeals to the Court of Appeals in certain criminal cases where the Appellate Division reverses or modifies on the law and the facts. In the present case, although the Appellate Division reversal was so based — on the law and the facts — we conclude that the amendment authorizes an appeal. The only question reviewable by us on the appeal, however, is the Appellate Division’s determination of law.

As…