PEOPLE v. WUEST


9 N.Y.2d 731 (1961)

The People of the State of New York, Appellant, v. Richard Wuest, Respondent.

Court of Appeals of the State of New York.

Decided March 2, 1961.


Attorney(s) appearing for the Case

Spencer G. Feldman, District Attorney, for appellant.

Joe Schapiro for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.


Order of the County Court reversed and the case remitted to that court upon the ground that at the time in question the defendant was in a public place. Since the order of reversal does not comply with section 543-a of the Code of Criminal Procedure in that it does not state whether its determination is upon the law or the facts or both, we must presume (§ 543-a, subd. 4) that it was upon the law alone and, therefore, remit this appeal to the County Court for a determination...

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