Peoplev.Jovanovic

Court of Appeals of the State of New YorkJul 6, 2000
735 N.E.2d 1284 (N.Y. 2000)
735 N.E.2d 1284713 N.Y.S.2d 51995 N.Y.2d 846

Submitted June 12, 2000.

Decided July 6, 2000.


Motion to dismiss appeal granted and appeal dismissed upon the ground that the reversal at 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]). Although the order states that the reversal is on the law, the opinion reveals that an independent ground for reversal was the applicability of the CPL 60.42 (5) "interests of justice" exception to the Rape Shield Law.