Opinion
10-27-2015
The PEOPLE & c., Appellant, v. Tyson SYDORIAK, Respondent.
Richard A. Brown, District Attorney, Kew Gardens (Christopher J. Blira-Koessler of counsel), for appellant. Lynn W.L. Fahey, Appellate Advocates, New York City (Alexis A. Ascher of counsel), for respondent.
Richard A. Brown, District Attorney, Kew Gardens (Christopher J. Blira-Koessler of counsel), for appellant.
Lynn W.L. Fahey, Appellate Advocates, New York City (Alexis A. Ascher of counsel), for respondent.
Opinion
MEMORANDUM: The order of the Appellate Division should be reversed and the case remitted to the Appellate Division, Second Department, for consideration of the facts and issues raised but not determined on the appeal to that court, for reasons stated in People v. Nealon, 26 N.Y.3d 152, 20 N.Y.S.3d 315, 41 N.E.3d 1130 [decided herewith].
LIPPMAN, Chief Judge (dissenting):
I dissent, and would affirm the order of the Appellate Division for the reasons stated in my dissenting opinion in People v. Nealon, 26 N.Y.3d 152, 20 N.Y.S.3d 315, 41 N.E.3d 1130 [decided herewith].
On review of submissions pursuant to section 500.11 of the Rules, order reversed and case remitted to the Appellate Division, Second Department, for consideration of the facts and issues raised but not determined on the appeal to that court, in a memorandum.
Judges PIGOTT, ABDUS–SALAAM, STEIN and FAHEY concur. Chief Judge LIPPMAN dissents in a memorandum in which Judge RIVERA concurs.