New York Court of Appeals, 1981

People v. Bay

New York Court of Appeals · Decided September 22, 1981

54 N.Y.2d 808; 427 N.E.2d 946; 443 N.Y.S.2d 649; 1981 N.Y. LEXIS 3030

Cases that cite this one

13 later published cases cite this decision.

People v. Norton (N.Y. 1991)
People v. Madison (Appellate Division of the Supreme Court of New York 1987)
People v. Williamson (Appellate Division of the Supreme Court of New York 1997)
State v. Luton (Haw. 1996)
State v. Kelekolio (Haw. 1993)
People v. Sunset Bay (N.Y. 1986)
People v. Hilliard (Appellate Division of the Supreme Court of New York 1986)
People v. Lum (Appellate Division of the Supreme Court of New York 1984)
People v. Brown (New York Supreme Court 1984)
People v. Ward (Appellate Division of the Supreme Court of New York 1983)
People v. Jenkins (N.Y. 1982)
People v. Vail (Appellate Division of the Supreme Court of New York 1982)
People v. Key (N.Y. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

Appeal dismissed. Although the order of the Appellate Division recites that the determination in that court is on the law alone, an examination of the record and decision below leaves no doubt that the disposition there made rests upon determinations of fact. Because the factual determinations were dispositive (i.e., led to the reversal), this appeal may not be entertained under the recent amendment to CPL 450.90 (subd 2, par [a]).

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

Appeal dismissed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.