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The People of the State of New York, Appellant, v. Herbert Gordon, Respondent

New York Court of Appeals1987-03-31
69 N.Y.2d 874

Authorities cited

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Opinion

majority opinion

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), 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 [2] [a]). The reversal, while termed one on the law”, was necessarily a determination by the Appellate Division of a mixed question of law and fact.