PEOPLE v. HOKE


62 N.Y.2d 1022 (1984)

The People of the State of New York, Appellant, v. Douglas Hoke, Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1984.


Attorney(s) appearing for the Case

Sol Greenberg, District Attorney (George H. Barber of counsel), for appellant.

Douglas P. Rutnik, Public Defender (Shawn D. Flaherty of counsel), for respondent.

Judges JASEN, JONES, WACHTLER and KAYE concur; Chief Judge COOKE dissents and votes to affirm in an opinion in which Judges MEYER and SIMONS concur.


MEMORANDUM.

The appeal should be dismissed.

Although the Appellate Division order states that reversal of defendant's conviction was on the law, the opinion reveals that it was in fact based upon an exercise of discretion. After the trial court had denied defendant's requested alibi charge and, in its place, given a different alibi charge, defendant did not specify why the charge as given was inadequate. Thus, while...

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