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1
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OPINION
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EXTRACTED KEY WORDS
LAW JUDGE RESPONDENT WALTER ELAM SSM MEMORANDUM PUBLICATION YORK REPORTS KAREN SWIGER CAROLINE RULE REVIEW SUBMISSIONS PURSUANT APPELLATE DIVISION LAW ALONE FACTS DETERMINATION CPL CHIEF JUDGE WACHTLER JUDGES SIMONS KAYE TITONE HANCOCK BELLACOSA CONCUR JUDGE SMITH |
THE PEOPLE &C., APPELLANT, v. WALTER ELAM, RESPONDENT.
80 N.Y.2d 958, 605 N.E.2d 869, 591 N.Y.S.2d 133 (1992).
October 22, 1992
1 No. 297 SSM 42
Decided October 22, 1992
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Karen Swiger, for Appellant.
Submitted by Caroline Rule, for Respondent.
* * * * * * * * * * * * * * * * On review of submissions pursuant to
section 500.4 of the Rules, 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)). Chief Judge Wachtler and
Judges Simons, Kaye, Titone, Hancock and Bellacosa concur. Judge Smith
took no part.
SNIPPETS:
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