New York Court of Appeals, 1996

People v. Merrill

People v. Merrill
New York Court of Appeals · Decided February 15, 1996
664 N.E.2d 498; 87 N.Y.2d 948; 641 N.Y.S.2d 587; 1996 N.Y. LEXIS 2768 (North Eastern Reporter, Second Series)

People v. Merrill

Opinion

OPINION OF THE COURT

Order reversed and case remitted to the Appellate Division, Fourth Department, for consideration of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b) for the reasons stated in the dissenting memorandum at the Appellate Division (212 AD2d 987, 988).

Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.

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