PEOPLE v. BUTLER


58 N.Y.2d 1056 (1983)

The People of the State of New York, Appellant, v. Anthony B. Butler, Also Known as Philip Johnson, Respondent.

Court of Appeals of the State of New York.

Decided March 29, 1983.


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (David M. Berck of counsel), for appellant.

Russell C. Morea for respondent.


MEMORANDUM.

The appeal should be dismissed. Although the order of the Appellate Division recites that its determination was "on the law", a review of that court's opinion indicates that its disposition was predicated, at least in part, upon factual findings as to when the arrest occurred and whether it was supported by probable cause. Since the determination was not "on the law alone or upon the law and such facts which, but for the determination of law, would not...

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