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People v. Lee

58 N.Y.2d 771 Court N.Y. Decision date 1982-12-15 English

Contents

Majority

p. 771
The People of the State of New York, Respondent, v Charles Lee, Appellant.
Argued November 11, 1982;
decided December 15, 1982
p. 773
APPEARANCES OF COUNSEL
David Lenefsky for appellant.
Robert M. Morgenthau, District Attorney (David H. Steiner and Mark Dwyer of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed for the reasons stated in the opinion of Justice John Carro at the Appellate Division ( 83 AD2d 311 ; see, also, People v Arnau, 58 NY2d 27 ). In view of the additional finding of independent source made by the Appellate Division, we note that its modification was “upon the law and such facts which, but for the determination of law, would not have led to * * * modification” with respect to the question reviewed (CPL 450.90, subd 2, par [a]) and is, therefore, reviewable by us.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer concur; Judge Fuchsberg taking no part.

Order affirmed in a memorandum.

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