People v. Key

New York Court of Appeals

People v. Key

427 N.E.2d 949, 54 N.Y.2d 813, 443 N.Y.S.2d 652, 1981 N.Y. LEXIS 3033

CourtNew York Court of Appeals

DecidedSeptember 22, 1981

StatusPublished

Cited by1 cases

This text of 427 N.E.2d 949 (People v. Key) 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. Key, 427 N.E.2d 949, 54 N.Y.2d 813, 443 N.Y.S.2d 652, 1981 N.Y. LEXIS 3033 (N.Y. 1981).

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Opinion

OPINION OF THE COURT

Appeal dismissed by the court sua sponte. Although the order of the Appellaté Division states that the reversal was “on the law”, a review of the opinions rendered by that court reveals that its disposition was predicated upon a new finding of fact. Because the new determination of fact, rather than any determination of law, led to the reversal, this appeal does not lie (CPL 450.90, subd 2, par [a]; see, e.g., People v Bay, 54 NY2d 808, decided herewith).

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OPINION OF THE COURT

Appeal dismissed by the court sua sponte. Although the order of the Appellaté Division states that the reversal was “on the law”, a review of the opinions rendered by that court reveals that its disposition was predicated upon a new finding of fact. Because the new determination of fact, rather than any determination of law, led to the reversal, this appeal does not lie (CPL 450.90, subd 2, par [a]; see, e.g., People v Bay, 54 NY2d 808, decided herewith).

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Bluebook (online)

427 N.E.2d 949, 54 N.Y.2d 813, 443 N.Y.S.2d 652, 1981 N.Y. LEXIS 3033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-key-ny-1981.

Opinion

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