[DOWNLOAD] "People State New York v. Donald Giles" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Donald Giles
- Author : Court of Appeals of New York
- Release Date : January 13, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
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[73 N.Y.2d 666 Page 668] Opinion OF THE COURT At the outset of this People's appeal, we address whether the determination below satisfies this court's
jurisdictional threshold that the decision was made on the law alone, or on the law and such facts which but for the determination
of law would not have led to the Appellate Division's reversal (CPL 450.90 [2] [a]). That court's order recited the determination
was "on the law and in the exercise of discretion", but the opinion manifests that but for the purely legal determination
of the intermediate appellate court's power to grant the suppression motion on trial evidence alone, that court would not
have reversed, without a hearing, the defendant's conviction. Inasmuch as the order of the Appellate Division is appealable
under the remedial amendment to CPL 450.90 (2) (a), a threshold determination consigned to us, we are able in this case to
reverse, reinstate the judgment and remit for a hearing on the suppression motion.