← Cases

People v. Jovanovic

95 N.Y.2d 846 Court N.Y. Decision date 2000-07-06 English

Contents

Majority

p. 846
The People of the State of New York, Appellant, v Oliver Jovanovic, Respondent.
Submitted June 12, 2000;
decided July 6, 2000

Motion to dismiss appeal granted and appeal dismissed upon the ground that the reversal at 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 order states that the reversal is on the law, the opinion reveals that an independent ground for reversal was the applicability of the CPL 60.42 (5) “interests of justice” exception to the Rape Shield Law.