PEOPLE v. OMOWALE

No. 246 SSM 42

18 N.Y.3d 825 (2011)

962 N.E.2d 252

938 N.Y.S.2d 831

2011 NY Slip Op 8964

THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. AKINLOWO OMOWALE, Appellant-Respondent.

Court of Appeals of New York.

Decided December 13, 2011.


Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City ( Rosemary Herbert and Richard M. Greenberg of counsel), for appellant-respondent.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Andrew E. Seewald of counsel), for respondent-appellant.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

MEMORANDUM.

On defendant's appeal pertaining to his September 2006 arrest, the order of the Appellate Division should be affirmed. The People's appeal regarding his May 2007 arrest should be dismissed on the ground that the reversal by the Appellate Division was not "on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal" (CPL...

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