People v. Hinton

New York Court of Appeals

People v. Hinton

81 N.Y.2d 867

CourtNew York Court of Appeals

DecidedMarch 25, 1993

StatusPublished

Cited by2 cases

This text of 81 N.Y.2d 867 (People v. Hinton) 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. Hinton, 81 N.Y.2d 867 (N.Y. 1993).

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Opinion

Appeal dismissed upon the ground that the reversal by the Appellate Division 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 reversal” (CPL 450.90 [2] [a]). While the order of the Appellate Division appealed from states that its reversal was based solely "on the law”, this recital is not binding on the Court of Appeals (see, People v Dercole, 52 NY2d 956). The reversal, while termed to be "on the law”, was necessarily a determination by the Appellate Division of a mixed question of law and fact.

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Appeal dismissed upon the ground that the reversal by the Appellate Division 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 reversal” (CPL 450.90 [2] [a]). While the order of the Appellate Division appealed from states that its reversal was based solely "on the law”, this recital is not binding on the Court of Appeals (see, People v Dercole, 52 NY2d 956). The reversal, while termed to be "on the law”, was necessarily a determination by the Appellate Division of a mixed question of law and fact.

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Bluebook (online)

81 N.Y.2d 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hinton-ny-1993.

Opinion

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