PEOPLE v. HOGYA


56 N.Y.2d 602 (1982)

The People of the State of New York, Respondent, v. Thomas Hogya, Appellant.

Court of Appeals of the State of New York.

Decided April 1, 1982.


Attorney(s) appearing for the Case

Lori Ehrlich and Brian Rappaport for appellant.

John J. Santucci, District Attorney (William Schrager of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge MEYER taking no part.


MEMORANDUM.

The appeal should be dismissed.

Although the order of the Appellate Division recites that the reversal was "on the law", a review of the opinion rendered by that court reveals that its disposition was predicated, at least in part, upon a new factual finding concerning defendant's intent to abandon his jacket. Because reversal was not "on the law alone or upon the law and such facts which, but for the determination...

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