New York Court of Appeals, 1976

People v. Davis

People v. Davis
New York Court of Appeals · Decided September 14, 1976
40 N.Y.2d 835; 356 N.E.2d 290; 387 N.Y.S.2d 837; 1976 N.Y. LEXIS 3006
People v. Davis

Cases that cite this one

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Opinion of the Court

Order reversed on authority of People v Patterson (39 NY2d 288) and the case remitted to the Appellate Division, Fourth Department, for review of the facts (CPL 470.40, subd 2, par [b]; 470.25, subd 2, par [d]). On other questions of law raised by defendant there was no prejudice, assuming error.

*836Concur: Chief Judge Breitel and Judges Jasen, Gabrielli and Jones. Judges Wachtler, Fuchsberg and Cooke concur on constraint of People v Patterson (39 NY2d 288).

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