New York Court of Appeals, 1986

People v. Morris

People v. Morris
New York Court of Appeals · Decided September 16, 1986
68 N.Y.2d 799; 498 N.E.2d 423; 506 N.Y.S.2d 859; 1986 N.Y. LEXIS 20110
People v. Morris

Cases that cite this one

5 later published cases cite this decision.

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Opinion of the Court

OPINION OF THE COURT

Appeal dismissed upon the ground that the reversal by the *800Appellate Division 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 [2] [a]). The conviction of criminal possession of a weapon was reversed "on the law and as a matter of discretion in the interest of justice”. Reversal of the conviction of assault and dismissal of that count of the indictment, while termed a reversal "on the law”, was necessarily based on a determination of repugnancy of the verdict, an issue not preserved for review as a question of law (CPL 470.05 [2]).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Titone. Taking no part: Judge Hancock, Jr.

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