Opinion · New York Court of Appeals

People v. Mackell

People v. Mackell, 36 N.Y.2d 964 (New York Court of Appeals 1975)

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1975-06-16
Topic
labor-and-employment

*965Motion denied. Although the reversals of the convictions at the Appellate Division are not appealable since the determination of the Appellate Division was not stated to be on the law alone (CPL 450.90, subd 2, par [a]), the issue of the illegality of the corrective action is nonetheless itself an appealable issue (CPL 450.90, subd 2, par [b]), and accordingly appeal lies on that narrow issue alone.

Citator

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Cited by
2 opinions
PEOPLE v. MACKELL, ROBERTSON, DI PAOLA,36 N.Y.2d 964(1975)
THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. THOMAS J. MACKELL, JAMES
D. ROBERTSON and FRANK R. DI PAOLA, Respondents.
Court of Appeals of the State of New York.
Submitted June 2, 1975
Decided June 16, 1975
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN M. MURTAGH, J.
Robert J. McGuirefor motion.Maurice H. Nadjari, Deputy Attorney-General, Special StateProsecutor (Bennet L. GershmanandJoseph A. Phillipsof counsel), opposed.Page 965
Motion denied. Although thereversalsof the convictions at the Appellate Division are not appealable since the determination of the Appellate Division was not stated to be on the law alone (CPL450.90, subd 2, par [a]), the issue of the illegality of thecorrective actionis nonetheless itself an appealable issue (CPL450.90, subd 2, par [b]), and accordingly appeal lies on that narrow issue alone.