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People v. Fava

445 N.E.2d 645, 58 N.Y.2d 807, 459 N.Y.S.2d 262, 1983 N.Y. LEXIS 2811
CourtNew York Court of Appeals
DecidedJanuary 18, 1983
StatusPublished
Cited by5 cases

This text of 445 N.E.2d 645 (People v. Fava) 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. Fava, 445 N.E.2d 645, 58 N.Y.2d 807, 459 N.Y.S.2d 262, 1983 N.Y. LEXIS 2811 (N.Y. 1983).

Opinion

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed.

The reversal at the Appellate Division was based on that court’s determination that the charge to the jury with reference to defendant’s unexplained flight from the police officers was erroneous. Inasmuch, however, as defendant’s exception to the charge was not adequate to preserve that issue for appellate review, the determination at the Appellate Division was necessarily made as a matter of discretion in the interest of justice (CPL 470.15, subd 3, par [c]) and thus is not appealable to our court (CPL 450.90, subd 2, par [a]; People v Dercole, 52 NY2d 956).

Appeal dismissed in a memorandum.

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People v. Figueroa
465 N.E.2d 356 (New York Court of Appeals, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
445 N.E.2d 645, 58 N.Y.2d 807, 459 N.Y.S.2d 262, 1983 N.Y. LEXIS 2811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fava-ny-1983.