PEOPLE v. McNALLY


58 N.Y.2d 1029 (1983)

The People of the State of New York, Appellant, v. Edward McNally, Respondent.

Court of Appeals of the State of New York.

Decided March 23, 1983.


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Merri Turk Lasky of counsel), for appellant.

R. Bertil Peterson for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.


MEMORANDUM.

The appeal should be dismissed. Although the order of the Appellate Division recites that the determination in that court was "on the law," a review of the opinion rendered by that court reveals that its disposition was predicated, at least in part, upon factual findings concerning probable cause to arrest and when the arrest actually occurred. Because the determination was not "on the law alone or upon the...

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