People v. McNally

New York Court of Appeals

People v. McNally

448 N.E.2d 1351, 58 N.Y.2d 1029, 462 N.Y.S.2d 440, 1983 N.Y. LEXIS 2964

CourtNew York Court of Appeals

DecidedMarch 23, 1983

StatusPublished

Cited by3 cases

This text of 448 N.E.2d 1351 (People v. McNally) 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. McNally, 448 N.E.2d 1351, 58 N.Y.2d 1029, 462 N.Y.S.2d 440, 1983 N.Y. LEXIS 2964 (N.Y. 1983).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed. Although the order of the Appellate Division recites that the determination in [1030]*1030that court was “on the law,” a review of the opinion rendered by that court reveals that its disposition was predicated, at least in part, upon factual findings concerning probable cause to arrest and when the arrest actually occurred. Because the determination 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, subd 2, par [a]), this appeal does not lie.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), appeal dismissed in a memorandum.

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

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed. Although the order of the Appellate Division recites that the determination in [1030]*1030that court was “on the law,” a review of the opinion rendered by that court reveals that its disposition was predicated, at least in part, upon factual findings concerning probable cause to arrest and when the arrest actually occurred. Because the determination 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, subd 2, par [a]), this appeal does not lie.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), appeal dismissed in a memorandum.

Cite This Page — Counsel Stack

Bluebook (online)

448 N.E.2d 1351, 58 N.Y.2d 1029, 462 N.Y.S.2d 440, 1983 N.Y. LEXIS 2964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcnally-ny-1983.

Opinion

Related

Cite This Page — Counsel Stack