New York Court of Appeals, 1983

People v. Amill

People v. Amill
New York Court of Appeals · Decided February 23, 1983
58 N.Y.2d 967; 460 N.Y.S.2d 525; 447 N.E.2d 73; 1983 N.Y. LEXIS 2906

People v. Amill

Opinion of the Court

*968Appeal dismissed. Although the order of the Appellate Division recites that the determination in that court was “on the law”, a review of the opinion rendered by that court reveals that its disposition was predicated, at least in part, upon a factual finding concerning probable cause to arrest. Because 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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