People v. Warren

New York Court of Appeals

People v. Warren

462 N.E.2d 1191, 61 N.Y.2d 886, 474 N.Y.S.2d 473, 1984 N.Y. LEXIS 4139

CourtNew York Court of Appeals

DecidedFebruary 28, 1984

StatusPublished

Cited by8 cases

This text of 462 N.E.2d 1191 (People v. Warren) 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. Warren, 462 N.E.2d 1191, 61 N.Y.2d 886, 474 N.Y.S.2d 473, 1984 N.Y. LEXIS 4139 (N.Y. 1984).

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Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal dismissed. Although the order of the Appellate Division recites that its reversal was “on the law”, a review of the opinion rendered by that court reveals that its disposition was predicated, at least in part, on factual determinations that the bank security chief who questioned defendant was acting under the direction of or in cooperation with the police and that defendant had not impliedly waived his right to remain silent. Inasmuch as 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.

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OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal dismissed. Although the order of the Appellate Division recites that its reversal was “on the law”, a review of the opinion rendered by that court reveals that its disposition was predicated, at least in part, on factual determinations that the bank security chief who questioned defendant was acting under the direction of or in cooperation with the police and that defendant had not impliedly waived his right to remain silent. Inasmuch as 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.

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Bluebook (online)

462 N.E.2d 1191, 61 N.Y.2d 886, 474 N.Y.S.2d 473, 1984 N.Y. LEXIS 4139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-warren-ny-1984.

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