Nunes v. State

Sweeney, J. P., dissents and votes to affirm in the following memorandum. Sweeney, J. P. (dissenting).

I am unable to agree with the result reached by the majority and therefore dissent. The critical basis for the majority’s conclusion is their reliance on the Pomeroy appraisal. Concededly, this appraisal was not received in evidence nor considered by the court. Significantly, claimants’ attorney, in referring to this appraisal at the conclusion of the trial stated, in substance, that he was not offering it in evidence, but rather offering a figure contained therein as an admission against…