People v. Butler

New York Court of Appeals

People v. Butler

449 N.E.2d 408, 58 N.Y.2d 1056, 462 N.Y.S.2d 628, 1983 N.Y. LEXIS 2988

CourtNew York Court of Appeals

DecidedMarch 29, 1983

StatusPublished

Cited by4 cases

This text of 449 N.E.2d 408 (People v. Butler) 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. Butler, 449 N.E.2d 408, 58 N.Y.2d 1056, 462 N.Y.S.2d 628, 1983 N.Y. LEXIS 2988 (N.Y. 1983).

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Opinion

OPINION of the court

Memorandum.

The appeal should be dismissed. Although the order of the Appellate Division recites that its determination was “on the law”, a review of that court’s opinion indicates that its disposition was predicated, at least in part, upon factual findings as to” when the arrest occurred and whether it was supported by probable cause. Since 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 [1057]*1057reversal” (CPL 450.90, subd 2, par [a]), this appeal does not lie (People v Amill, 58 NY2d 967; People v McNally, 58 NY2d 1029).

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), appeal dismissed in a memorandum.

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OPINION of the court

Memorandum.

The appeal should be dismissed. Although the order of the Appellate Division recites that its determination was “on the law”, a review of that court’s opinion indicates that its disposition was predicated, at least in part, upon factual findings as to” when the arrest occurred and whether it was supported by probable cause. Since 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 [1057]*1057reversal” (CPL 450.90, subd 2, par [a]), this appeal does not lie (People v Amill, 58 NY2d 967; People v McNally, 58 NY2d 1029).

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), appeal dismissed in a memorandum.

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Bluebook (online)

449 N.E.2d 408, 58 N.Y.2d 1056, 462 N.Y.S.2d 628, 1983 N.Y. LEXIS 2988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-butler-ny-1983.

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