People v. Wuest
This text of 174 N.E.2d 330 (People v. Wuest) 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.
Opinion
Order of the County Court reversed and the case remitted to that court upon the ground that at the time in question the defendant was in a public place. Since the order of reversal does not comply with section 543-a of the Code of Criminal Procedure in that it does not state whether its determination is upon the law or the facts or both, we must presume (§ 543-a, subd. 4) that it was upon the law alone- and, therefore, remit this appeal to the County Court for a determination of the questions of fact. (People v. Kruger, 302 N. Y. 447.) No opinion.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Fboessel, Van Voobhis, Bubke and Fosteb.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
174 N.E.2d 330, 9 N.Y.2d 731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wuest-ny-1961.