New York Court of Appeals, 1986

People v. Gonzalez

New York Court of Appeals · Decided November 25, 1986

68 N.Y.2d 995; 503 N.E.2d 120; 510 N.Y.S.2d 564; 1986 N.Y. LEXIS 20948

Cases that cite this one

1 later published case cites this decision.

People v. Lavender (N.Y. 1986)

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

Appeal dismissed. Our examination of the decision of the Appellate Division reveals that an alternative ground for its holding — the trial court’s failure to give a specified jury instruction — was not preserved as a question of law for appellate review. Thus, the order of reversal appealed from, notwithstanding its recital that it rests solely "on the law”, is not based "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]; see generally, People v Lawlor, 67 NY2d 904; People v Dercole, 52 NY2d 956).

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