Opinion · New York Court of Appeals

People v. Howard

People v. Howard, 74 N.Y.2d 943 (New York Court of Appeals 1989)

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1989-11-30
Topic
labor-and-employment

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal dismissed upon the ground that the reversal 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 reversal” (CPL 450.90 [2] [a]). The reversal, while termed one "on the law” was necessarily a determination by the Appellate Division of a mixed question of law and fact.

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Cited by
7 opinions

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal dismissed upon the ground that the reversal 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 reversal” (CPL 450.90 [2] [a]). The reversal, while termed one "on the law” was necessarily a determination by the Appellate Division of a mixed question of law and fact.