Appeal dismissed by the court sua sponte. Although the order of the Appellate Division states that the reversal was "on the law", a review of the opinions rendered by that court reveals that its disposition was predicated upon a new finding of fact. Because the new determination of fact, rather than any determination of law, led to the reversal, this appeal does not lie (CPL 450.90, subd 2, par [a]; see, e.g., People v Bay,
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PEOPLE v. KEY
54 N.Y.2d 813 (1981)
The People of the State of New York, Respondent, v. James Key, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Decided September 22, 1981.
Decided September 22, 1981.
Attorney(s) appearing for the Case
Court of Appeals of the State of New York.
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