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People v. Gonzalez

Court of Appeals of the State of New York
Nov 25, 1986
68 N.Y.2d 995 (N.Y. 1986)

Opinion

Argued November 14, 1986

Decided November 25, 1986


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 [a]; see generally, People v Lawlor, 67 N.Y.2d 904; People v Dercole, 52 N.Y.2d 956).


Summaries of

People v. Gonzalez

Court of Appeals of the State of New York
Nov 25, 1986
68 N.Y.2d 995 (N.Y. 1986)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. LEONARD GONZALEZ…

Court:Court of Appeals of the State of New York

Date published: Nov 25, 1986

Citations

68 N.Y.2d 995 (N.Y. 1986)
510 N.Y.S.2d 564
503 N.E.2d 120

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