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People v. Chessman

430 N.E.2d 1301, 54 N.Y.2d 1016, 446 N.Y.S.2d 248, 1981 N.Y. LEXIS 3190
CourtNew York Court of Appeals
DecidedOctober 29, 1981
StatusPublished
Cited by12 cases

This text of 430 N.E.2d 1301 (People v. Chessman) 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. Chessman, 430 N.E.2d 1301, 54 N.Y.2d 1016, 446 N.Y.S.2d 248, 1981 N.Y. LEXIS 3190 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed.

The Appellate Division (p 195), after stating its primary reason for reversal, said: “this error was further compounded by the court’s total failure * * * to marshal the evidence”. In view of the fact that this latter point had not been preserved for review, the court’s determination was necessarily predicated at least in part upon an exercise of discretion and thus is not appealable to this court (see People v Dercole, 52 NY2d 956; 957; People v Johnson, 47 NY2d 124, 126). This is so despite the fact that the primary basis for the Appellate Division reversal relating to the charge concerning intent was properly preserved for review.

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

Appeal dismissed in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
430 N.E.2d 1301, 54 N.Y.2d 1016, 446 N.Y.S.2d 248, 1981 N.Y. LEXIS 3190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chessman-ny-1981.