Majority
p. 1056The People of the State of New York, Appellant, v Anthony B. Butler, Also Known as Philip Johnson, Respondent. Decided March 29, 1983
APPEARANCES OF COUNSEL
John J. Santucci, District Attorney (David M. Berck of counsel), for appellant.
Russell C. Morea for respondent.
OPINION of the court
Memorandum.
The appeal should be dismissed. Although the order of the Appellate Division recites that its determination was “on the law”, a review of that court’s opinion indicates that its disposition was predicated, at least in part, upon factual findings as to” when the arrest occurred and whether it was supported by probable cause. Since the determination 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
p. 1057
reversal” (CPL 450.90, subd 2, par [a]), this appeal does not lie (People v Amill, 58 NY2d 967 ; People v McNally, 58 NY2d 1029 ).
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), appeal dismissed in a memorandum.
Cases cited
- People v. Amill 58 NY2d 967 p. 1057
- People v. McNally 58 NY2d 1029 p. 1057