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PEOPLE v. AVENI

No. 19

22 N.Y.3d 1114 (2014)

6 N.E.3d 1124

983 N.Y.S.2d 768

2014 NY Slip Op 1209

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PAUL AVENI, Respondent.

Court of Appeals of New York.

Decided February 20, 2014.

Attorney(s) appearing for the Case

Janet DiFiore , District Attorney, White Plains ( Raffaelina Gianfrancesco , Steven A. Bender and Richard Longworth Hecht of counsel), for appellant.

John F. Ryan , Legal Aid Society of Westchester County, White Plains ( David B. Weisfuse of counsel), for respondent.

Kathleen M. Rice , Mineola, Vincent Rivellese , New York City, and Hilary Hassler , for District Attorneys Association of the State of New York, amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, RIVERA and ABDUS-SALAAM concur; Judge PIGOTT dissents and votes to reverse in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The 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]).

On the night of January 12, 2009, police and emergency medical personnel arrived at the residence of defendant's mother in response to her call. They found defendant...

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