People v. Giles

OPINION OF THE COURT

Bellacosa, J.

At the outset of this People’s appeal, we address whether the determination below satisfies this court’s jurisdictional threshold that the decision was made on the law alone, or on the law and such facts which but for the determination of law would not have led to the Appellate Division’s reversal (CPL 450.90 [2] [a]). That court’s order recited the determination was "on the law and in the exercise of discretion”, but the opinion manifests that but for the purely legal determination of the intermediate appellate court’s power to grant the suppression motion on…