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People v. Clarke

Court of Appeals of the State of New York
Apr 4, 1996
666 N.E.2d 1051 (N.Y. 1996)

Opinion

Decided April 4, 1996

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Mario J. Rossetti, J.

Kevin M. Dillon, District Attorney of Erie County, Buffalo (Raymond C. Herman of counsel), for appellant.

Wayne Clarke, pro se, and Mary E. Good, Buffalo, and Linda S. Reynolds, for Wayne Clarke, respondent.


On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed and case remitted to the Appellate Division, Fourth Department, for consideration of issues raised but not considered on the appeal to that court and consideration of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b) (see, People v Goss, 87 N.Y.2d 792 [decided today]; People v Avery, 87 N.Y.2d 792 [decided today]).

Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.


Summaries of

People v. Clarke

Court of Appeals of the State of New York
Apr 4, 1996
666 N.E.2d 1051 (N.Y. 1996)
Case details for

People v. Clarke

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WAYNE CLARKE, Respondent

Court:Court of Appeals of the State of New York

Date published: Apr 4, 1996

Citations

666 N.E.2d 1051 (N.Y. 1996)
666 N.E.2d 1051
644 N.Y.S.2d 138