People v. Merrill

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOHN MERRILL, Respondent

Court: Court of Appeals of the State of New York

Date published: Feb 15, 1996

87 N.Y.2d 948 (N.Y. 1996)

641 N.Y.S.2d 587

664 N.E.2d 498

Opinion

Argued January 11, 1996

Decided February 15, 1996

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Patricia D. Marks, J.

Howard R. Relin, District Attorney of Monroe County, Rochester (Wendy Evans Lehmann of counsel), for appellant.

Edward J. Nowak, Public Defender of Monroe County, Rochester (Drew R. DuBrin of counsel), for respondent.

Order reversed and case remitted to the Appellate Division, Fourth Department, for consideration of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b) for the reasons stated in the dissenting memorandum at the Appellate Division ( 212 A.D.2d 987, 988).

Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.