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People v. Mackell

36 N.Y.2d 964 Court N.Y. Decision date 1975-06-16 English

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p. 964
The People of the State of New York, Appellant, v Thomas J. Mackell, James D. Robertson and Frank R. Di Paola, Respondents.
Submitted June 2, 1975;
decided June 16, 1975
Robert J. McGuire for motion.
Maurice H. Nadjari, Deputy Attorney-General, Special State Prosecutor (Bennet L. Gershman and Joseph A. Phillips of counsel), opposed.
p. 965
Motion denied. Although the reversals of the convictions at the Appellate Division are not appealable since the determination of the Appellate Division was not stated to be on the law alone (CPL 450.90, subd 2, par [a]), the issue of the illegality of the corrective action is nonetheless itself an appealable issue (CPL 450.90, subd 2, par [b]), and accordingly appeal lies on that narrow issue alone.