People v. Merrill

Feb 15, 1996
Versions:87 N.Y.2d 948
664 N.E.2d 498
641 N.Y.S.2d 587
1996 N.Y. LEXIS 2768

OPINION OF THE COURT

Order reversed and case remitted to the Appellate Division, Fourth Department, for consideration of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b) for the reasons stated in the dissenting memorandum at the Appellate Division (212 AD2d 987, 988).

Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.