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PEOPLE v. HOLLAND

No. 236

18 N.Y.3d 840 (2011)

962 N.E.2d 261

938 N.Y.S.2d 839

2011 NY Slip Op 9164

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID HOLLAND, Appellant.

Court of Appeals of New York.

Decided December 20, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City ( Arthur H. Hopkirk , Justin Diamant and Steven Banks of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( William Mahoney , Alan Gadlin and Joseph Davis of counsel), for respondent.

Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN dissents in an opinion in which Judge CIPARICK concurs.

OPINION OF THE COURT

MEMORANDUM.

The appeal should be dismissed upon the ground that the reversal by the Appellate Division (74 A.D.3d 520 [1st Dept 2010]) was not on the law alone within the meaning of CPL 450.90 (2) (a).*

Here, the Appellate Division's reversal of Supreme Court's order granting suppression, while termed "on the law," was actually predicated upon a differing view concerning...

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