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People v. Witherspoon

68 N.Y.2d 805 Court N.Y. Decision date 1986-09-18 English

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p. 805
The People of the State of New York, Respondent, v Jeffrey Witherspoon, Appellant.
Argued September 8, 1986;
decided September 18, 1986

Appeal dismissed upon the ground that the reversal by the Appellate Division 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 [2] [a]). The reversal, while termed one "on the law”, was necessarily a determination by the Appellate Division of a mixed question of law and fact.