Home/New York Court of Appeals/People v. Libbett

People v. Libbett

469 N.E.2d 840, 63 N.Y.2d 763, 480 N.Y.S.2d 322, 1984 N.Y. LEXIS 4560
CourtNew York Court of Appeals
DecidedSeptember 20, 1984
StatusPublished

This text of 469 N.E.2d 840 (People v. Libbett) 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. Libbett, 469 N.E.2d 840, 63 N.Y.2d 763, 480 N.Y.S.2d 322, 1984 N.Y. LEXIS 4560 (N.Y. 1984).

Opinion

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed.

Although the Appellate Division order contains a recital stating that the reversal of appellant’s conviction was on the law, the record reveals that no proper objections were registered to the prosecution remarks made in closing argument on which reversal was based. Because reversal was in the exercise of discretion rather than on the law, the jurisdictional predicate for review by this court has not been satisfied (CPL 450.90, subd 2; People v Hoke, 62 NY2d 1022; People v Johnson, 47 NY2d 124, 126).

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal dismissed in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Johnson
390 N.E.2d 764 (New York Court of Appeals, 1979)
People v. Hoke
468 N.E.2d 677 (New York Court of Appeals, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
469 N.E.2d 840, 63 N.Y.2d 763, 480 N.Y.S.2d 322, 1984 N.Y. LEXIS 4560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-libbett-ny-1984.