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People v. Petro

56 N.Y.2d 782 Court N.Y. Decision date 1982-05-18 English

Contents

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p. 782
The People of the State of New York, Appellant, v Pristal Petro, Respondent.
Argued March 31, 1982;
decided May 18, 1982
p. 783
APPEARANCES OF COUNSEL
Eugene Gold, District Attorney (Martha R. Hochberger and Joel M. Goldberg of counsel), for appellant.
David Samel and William E. Hellerstein for respondent.

OPINION OF THE COURT

Appeal dismissed upon the ground that the Appellate Division determination of reversal was not “on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal” (CPL 450.90, subd 2, par [a]). Defendant’s challenge to the reliability of the evidence at the suppression hearing was not preserved for appellate review (People v Jenkins, 47 NY2d 722 ; cf. People v Cona, 49 NY2d 26 , 33, n 2). Accordingly, the appeal must be dismissed (People v Dercole, 52 NY2d 956 ).

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