New York Court of Appeals, 1983

People v. Fava

New York Court of Appeals · Decided January 18, 1983

58 N.Y.2d 807; 445 N.E.2d 645; 459 N.Y.S.2d 262; 1983 N.Y. LEXIS 2811

Cases that cite this one

5 later published cases cite this decision.

The People v. Daria N. Epakchi (N.Y. 2021)
People v. Caban (N.Y. 2010)
People v. Buggs (Appellate Division of the Supreme Court of New York 1985)
People v. Womble (Appellate Division of the Supreme Court of New York 1985)
People v. Figueroa (N.Y. 1984)

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.

The appeal should be dismissed.

The reversal at the Appellate Division was based on that court’s determination that the charge to the jury with reference to defendant’s unexplained flight from the police officers was erroneous. Inasmuch, however, as defendant’s exception to the charge was not adequate to preserve that issue for appellate review, the determination at the Appellate Division was necessarily made as a matter of discretion in the interest of justice (CPL 470.15, subd 3, par [c]) and thus is not appealable to our court (CPL 450.90, subd 2, par [a]; People v Dercole, 52 NY2d 956).

Appeal dismissed in a memorandum.

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