PEOPLE v. GILES


73 N.Y.2d 666 (1989)

The People of the State of New York, Appellant, v. Donald Giles, Respondent.

Court of Appeals of the State of New York.

Decided June 13, 1989.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Mary C. Farrington and Mark Dwyer of counsel), for appellant.

Richard Joselson and Philip L. Weinstein for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

At the outset of this People's appeal, we address whether the determination below satisfies this court's jurisdictional threshold that the decision was made on the law alone, or on the law and such facts which but for the determination of law would not have led to the Appellate Division's reversal (CPL 450.90 [2] [a]). That court's order recited the determination was "on the law and in the exercise...

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