People v. Concepcion

People v LaFontaine (92 NY2d 470 [1998]) was a mistake, and a serious one — so serious that in the 13 years since LaFontaine was decided we have never followed it, though we have had several cases that called for its application. The People argue here that LaFontaine should be overruled. I had hoped that this would provide the occasion for giving that case a decent burial, but the majority ill-advisedly resurrects it.

*202LaFontaine holds that the Appellate Division, in reviewing a judgment, sentence or order of a trial-level criminal court, may not consider any issue of law or fact that the lower…