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PEOPLE v. JOHNSON

47 N.Y.2d 124 (1979)

The People of the State of New York, Appellant, v. John Johnson, Respondent.

Court of Appeals of the State of New York.

Decided May 8, 1979.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Allen H. Saperstein and Billie Manning of counsel), for appellant.

Andrew C. Fine and William E. Hellerstein for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in Per Curiam opinion.

Per Curiam.

Although the original order of the Appellate Division had posited the reversal "on the law and as a matter of discretion in the interest of justice", upon motion to resettle by the People both the order and memorandum were amended to eliminate the recital of discretion as a basis for the decision. Well settled is our power to look beyond the form of an appellate court's order to see that its substance,...

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