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People v. Oglesby

72 N.Y.2d 831 Court N.Y. Decision date 1988-06-07 English

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p. 831
The People of the State of New York, Appellant, v Frank Oglesby, Respondent.
Argued June 2, 1988;
decided June 7, 1988

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]). Although the Appellate Division stated that its reversal was on the law, it was a reversal in the exercise of discretion on an issue not preserved for review.