PEOPLE v. MACKELL


36 N.Y.2d 964 (1975)

The People of the State of New York, Appellant, v. Thomas J. Mackell, James D. Robertson and Frank R. Di Paola, Respondents.

Court of Appeals of the State of New York.

Decided June 16, 1975.


Attorney(s) appearing for the Case

Robert J. McGuire for motion.

Maurice H. Nadjari, Deputy Attorney-General, Special State Prosecutor (Bennet L. Gershman and Joseph A. Phillips of counsel), opposed.


Motion denied. Although the reversals of the convictions at the Appellate Division are not appealable since the determination of the Appellate Division was not stated to be on the law alone (CPL 450.90, subd 2, par [a]), the issue of the illegality of the corrective action is nonetheless itself an appealable issue (CPL 450.90, subd 2, par [b]), and accordingly appeal lies on that narrow...

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