People v. Key
427 N.E.2d 949, 54 N.Y.2d 813, 443 N.Y.S.2d 652, 1981 N.Y. LEXIS 3033
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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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).
427 N.E.2d 949 (People v. Key) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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