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PEOPLE v. JOHNSON

55 N.Y.2d 931 (1982)

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

Court of Appeals of the State of New York.

Decided February 11, 1982.

Attorney(s) appearing for the Case

Donald O. Chesworth, Jr., District Attorney (Kenneth R. Fisher of counsel), for appellant.

Michael E. O'Neill and Edward J. Nowak for respondent.

Concur: Chief Judge COOKE and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and MEYER.

Order reversed for the reasons stated in the dissenting opinion by Justice JOHN J. CALLAHAN at the Appellate Division (79 A.D.2d 203, 204) and case remitted to the Appellate Division, Fourth Department, for consideration of the facts (CPL 470.25, subd 2, par [d]; 470.40, subd 2, par [b]), this court having determined that the reversal by the Appellate Division was "upon the law and such facts which, but for the determination of law, would not have led to reversal" with respect...

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