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PEOPLE v. TOMLIN

2 N.Y.2d 758 (1956)

The People of the State of New York, Appellant, v. William Tomlin, Respondent.

Court of Appeals of the State of New York.

Decided November 15, 1956.

Attorney(s) appearing for the Case

Joseph F. Gagliardi, District Attorney (Douglas L. McGuire of counsel), for appellant.

Mortimer C. O'Brien, Jr., for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

Per Curiam.

This court may entertain an appeal from an order of the Appellate Division reversing a judgment of conviction and ordering a new trial only if such reversal be on the law alone. (See People v. Moskowitz, 289 N.Y. 69; People v. Redmond, 225 N.Y. 206, 208; see, also, Cohen and Karger, Powers of the New York Court of Appeals, p. 754.) In the case before us, the order explicitly recites that the...

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