Majority
p. 823The People of the State of New York, Respondent, v Malaki Shakur Latine, Also Known as Gregory Latine, Appellant. Argued May 24, 1988; decided June 2, 1988
APPEARANCES OF COUNSEL
Ira Mickenberg for appellant.
Robert M. Morgenthau, District Attorney (Ann M. Donnelly of counsel), for respondent.
OPINION OF THE COURT
Order reversed and case remitted to the Appellate Division, First Department, for a de novo consideration of the defendant’s appeal. That court erred in holding that there were no nonfrivolous points which could be raised on the appeal. It is noted that the People commendably concede that there should be a reversal and remission to the Appellate Division.
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.