163 N.E. 557 | NY | 1928
The defendant was convicted in the County Court of Suffolk county, New York, of forgery in the second degree as a second offense. On appeal the Appellate Division reversed the judgment of conviction and granted a new trial. The defendant, not satisfied with this relief and desiring a dismissal of the indictment as insufficient on its face, has appealed to this court, one of the justices of the Appellate Division certifying that in his opinion questions of law are involved which ought to be reviewed by this court.
We have no jurisdiction to entertain the appeal. Even if the People were the appellant we could not review a reversal on the facts. (People v. Redmond,
The appeal should be dismissed.
CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ., concur.
Appeal dismissed. *191