Legal Opinion
People v. Baker
New York Court of Appeals
Decided April 2, 1985PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The appeal should be dismissed. Although the Appellate Division’s order of reversal recited that it was “on the law,” it is evident from its memorandum that its order was made in the exercise of discretion and, therefore, does not satisfy the jurisdictional predicate of CPL 450.90 (2) (a) (People v Johnson, 47 NY2d 124; People v Williams, 31 NY2d 151). Not only did it grant the People leave to resubmit to another Grand Jury, which CPL 210.20 (1) (i) and CPL 210.20 (4) authorize it to do “in its discretion” after dismissal pursuant to CPL 210.40, but also it…
2Cases cited3 opinions
- Chemical Bank v. Von BulowNew York Court of Appeals · 1984
- People v. JohnsonNew York Court of Appeals · 1979
- People v. WilliamsNew York Court of Appeals · 1972
3Cited by6 opinions
- People v. WashingtonNew York Court of Appeals · 1988
- People v. GentileAppellate Division of the Supreme Court of the State of New York · 1987
- People v. LoomisAppellate Division of the Supreme Court of the State of New York · 2010
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 1999
- Matter of Pinney v. Van HoutenAppellate Division of the Supreme Court of the State of New York · 2019
1 more not listed; retrieve them via the Exa API.