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  5. 86 N.Y.2d 769 (1995)
 

PEOPLE v. LAWS

86 N.Y.2d 769 (1995)

655 N.E.2d 696

631 N.Y.S.2d 600

The People of the State of New York, Appellant, v. Nathaniel Laws, Respondent.

Court of Appeals of the State of New York.

Decided July 6, 1995.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney of Bronx County, Bronx (Darryll A. Buford of counsel), for appellant.

Oscar Garcia-Rivera, Brooklyn, for respondent.

Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed and case remitted to the Appellate Division, First Department, for consideration of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b) (see, People v Cona, 49 N.Y.2d 26, 33-34). The Appellate Division erred by concluding that defendant's motion for a trial order of dismissal was sufficient to preserve...

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