People v. Davis

356 N.E.2d 290, 40 N.Y.2d 835, 387 N.Y.S.2d 837, 1976 N.Y. LEXIS 3006
New York Court of Appeals·Decided September 14, 1976·Published·Cited by 1 cases

Opinion

Order reversed on authority of People v Patterson (39 NY2d 288) and the case remitted to the Appellate Division, Fourth Department, for review of the facts (CPL 470.40, subd 2, par [b]; 470.25, subd 2, par [d]). On other questions of law raised by defendant there was no prejudice, assuming error.

[836]*836Concur: Chief Judge Breitel and Judges Jasen, Gabrielli and Jones. Judges Wachtler, Fuchsberg and Cooke concur on constraint of People v Patterson (39 NY2d 288).

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People v. Davis, 356 N.E.2d 290, 40 N.Y.2d 835, 387 N.Y.S.2d 837, 1976 N.Y. LEXIS 3006 (N.Y. 1976).

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