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People v. Morris

Court of Appeals of the State of New York
Sep 16, 1986
498 N.E.2d 423 (N.Y. 1986)

Opinion

Argued September 5, 1986

Decided September 16, 1986

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Elizabeth Pine, J.

Howard R. Relin, District Attorney (Elizabeth Clifford of counsel), for appellant.

Timothy W. DeJohn for respondent.


Appeal dismissed upon the ground that the reversal by the Appellate Division was not "on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal" (CPL 450.90 [a]). The conviction of criminal possession of a weapon was reversed "on the law and as a matter of discretion in the interest of justice". Reversal of the conviction of assault and dismissal of that count of the indictment, while termed a reversal "on the law", was necessarily based on a determination of repugnancy of the verdict, an issue not preserved for review as a question of law (CPL 470.05).

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE. Taking no part: Judge HANCOCK, JR.


Summaries of

People v. Morris

Court of Appeals of the State of New York
Sep 16, 1986
498 N.E.2d 423 (N.Y. 1986)
Case details for

People v. Morris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SHERMAN MORRIS…

Court:Court of Appeals of the State of New York

Date published: Sep 16, 1986

Citations

498 N.E.2d 423 (N.Y. 1986)
498 N.E.2d 423
506 N.Y.S.2d 859

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