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People v. Key

54 N.Y.2d 813 Court N.Y. Decision date 1981-09-22 English

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p. 813
The People of the State of New York, Respondent, v James Key, Appellant.
Decided September 22, 1981
p. 814
APPEARANCES OF COUNSEL
Milton M. Rosenberg for appellant.
Robert M. Morgenthau, District Attorney, for respondent.

OPINION OF THE COURT

Appeal dismissed by the court sua sponte. Although the order of the Appellaté Division states that the reversal was “on the law”, a review of the opinions rendered by that court reveals that its disposition was predicated upon a new finding of fact. Because the new determination of fact, rather than any determination of law, led to the reversal, this appeal does not lie (CPL 450.90, subd 2, par [a]; see, e.g., People v Bay, 54 NY2d 808 , decided herewith).

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