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People v. Tomlin

2 N.Y.2d 758 Court N.Y. Decision date 1956-11-15 English

Judges Conway, Ch. J., Desmond, Dye, Fuld, Froessel, Yan Voorhis and Burke, JJ., concur.

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p. 758
The People of the State of New York, Appellant, v. William Tomlin, Respondent.
Argued October 18, 1956;
decided November 15, 1956.
Joseph F. Gagliardi, District Attorney (Douglas L. McGuire of counsel), for appellant.
Mortimer G. O’Brien, Jr., for respondent.

This court may entertain an appeal from an order of the Appellate Division reversing a judgment of conviction and ordering a new trial only if such reversal be on the

p. 759
law alone. (See People v. Moskowitz, 289 N. Y. 69 ; People v. Redmond, 225 N. Y. 206 , 208; see, also, Cohen and Karger, Powers of the New York Court of Appeals, p. 754.) In the case before us, the order explicitly recites that the reversal was “ on the facts ”, as well as on the law, and, accordingly, we have no alternative but to dismiss the appeal.

The appeal should be dismissed.

Conway, Ch. J., Desmond, Dye, Fuld, Froessel, Yan Voorhis and Burke, JJ., concur.

Appeal dismissed.

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