People v. Amill

New York Court of Appeals

People v. Amill

447 N.E.2d 73, 58 N.Y.2d 967, 460 N.Y.S.2d 525, 1983 N.Y. LEXIS 2906

CourtNew York Court of Appeals

DecidedFebruary 23, 1983

StatusPublished

Cited by1 cases

This text of 447 N.E.2d 73 (People v. Amill) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Amill, 447 N.E.2d 73, 58 N.Y.2d 967, 460 N.Y.S.2d 525, 1983 N.Y. LEXIS 2906 (N.Y. 1983).

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Opinion

[968]*968Appeal dismissed. Although the order of the Appellate Division recites that the determination in that court was “on the law”, a review of the opinion rendered by that court reveals that its disposition was predicated, at least in part, upon a factual finding concerning probable cause to arrest. Because the determination 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, subd 2, par [a]), this appeal does not lie.

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[968]*968Appeal dismissed. Although the order of the Appellate Division recites that the determination in that court was “on the law”, a review of the opinion rendered by that court reveals that its disposition was predicated, at least in part, upon a factual finding concerning probable cause to arrest. Because the determination 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, subd 2, par [a]), this appeal does not lie.

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Bluebook (online)

447 N.E.2d 73, 58 N.Y.2d 967, 460 N.Y.S.2d 525, 1983 N.Y. LEXIS 2906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-amill-ny-1983.

Opinion

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