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People v. Bay

427 N.E.2d 946, 54 N.Y.2d 808, 443 N.Y.S.2d 649, 1981 N.Y. LEXIS 3030
CourtNew York Court of Appeals
DecidedSeptember 22, 1981
StatusPublished
Cited by14 cases

This text of 427 N.E.2d 946 (People v. Bay) 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. Bay, 427 N.E.2d 946, 54 N.Y.2d 808, 443 N.Y.S.2d 649, 1981 N.Y. LEXIS 3030 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

Appeal dismissed. Although the order of the Appellate Division recites that the determination in that court is on the law alone, an examination of the record and decision below leaves no doubt that the disposition there made rests upon determinations of fact. Because the factual determinations were dispositive (i.e., led to the reversal), this appeal may not be entertained under the recent amendment to CPL 450.90 (subd 2, par [a]).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Appeal dismissed in a memorandum.

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Bluebook (online)
427 N.E.2d 946, 54 N.Y.2d 808, 443 N.Y.S.2d 649, 1981 N.Y. LEXIS 3030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bay-ny-1981.