People v. Mackell

New York Court of Appeals

People v. Mackell

335 N.E.2d 863, 36 N.Y.2d 964, 373 N.Y.S.2d 561, 1975 N.Y. LEXIS 2054

CourtNew York Court of Appeals

DecidedJune 16, 1975

StatusPublished

Cited by2 cases

This text of 335 N.E.2d 863 (People v. Mackell) 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. Mackell, 335 N.E.2d 863, 36 N.Y.2d 964, 373 N.Y.S.2d 561, 1975 N.Y. LEXIS 2054 (N.Y. 1975).

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Opinion

[965]*965Motion denied. Although the reversals of the convictions at the Appellate Division are not appealable since the determination of the Appellate Division was not stated to be on the law alone (CPL 450.90, subd 2, par [a]), the issue of the illegality of the corrective action is nonetheless itself an appealable issue (CPL 450.90, subd 2, par [b]), and accordingly appeal lies on that narrow issue alone.

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[965]*965Motion denied. Although the reversals of the convictions at the Appellate Division are not appealable since the determination of the Appellate Division was not stated to be on the law alone (CPL 450.90, subd 2, par [a]), the issue of the illegality of the corrective action is nonetheless itself an appealable issue (CPL 450.90, subd 2, par [b]), and accordingly appeal lies on that narrow issue alone.

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Bluebook (online)

335 N.E.2d 863, 36 N.Y.2d 964, 373 N.Y.S.2d 561, 1975 N.Y. LEXIS 2054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mackell-ny-1975.

Opinion

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