PEOPLE v. RILEY

No. 130.

19 N.Y.3d 944 (2012)

2012 NY Slip Op 5199

THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent, v. LOUIS RILEY, Respondent-Appellant.

Court of Appeals of New York.

Decided June 28, 2012.


Attorney(s) appearing for the Case

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

Center for Appellate Litigation, New York City ( Bruce D. Austern and Robert S. Dean of counsel), for respondent-appellant.

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


OPINION OF THE COURT

MEMORANDUM.

On defendant Louis Riley's appeal, the order, insofar as appealed from, should be affirmed. The People's appeal should be dismissed upon the ground that the modification 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 ... modification" (CPL 450.90 [2] [a]).

A few months before trial, the copper pipes defendant was accused...

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