People v. Mackell
| Decision Date | 16 June 1975 |
| Citation | 373 N.Y.S.2d 561,36 N.Y.2d 964 |
| Parties | , 335 N.E.2d 863 The PEOPLE of the State of New York, Appellant, v. Thomas J. MACKELL et al., Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Motion to dismiss the appeal denied. Although the Reversals of the convictions at the Appellate Division, 47 A.D.2d 209, 366 N.Y.S.2d 173, are not appealable since the determination of the Appellate Division was not stated to be on the law alone (CPL § 450.90(2)(a)), the issue of the illegality of the Corrective action is nonetheless itself an appealable issue (§ 450.90(2)(b)), and accordingly appeal lies on that narrow issue alone.
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3 cases
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People v. Benitez
...impediment found in People v. Mackell, 40 N.Y.2d 59, 386 N.Y.S.2d 37, 351 N.E.2d 684 (1976); see, also, People v. Mackell, 36 N.Y.2d 964, 373 N.Y.S.2d 561, 335 N.E.2d 863 (1975)). As noted by the Clerk of the Court of Appeals, Joseph W. Bellacosa, in the Supplementary Practice Commentary to......
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People v. Giles
...764; People v. Sullivan, 29 N.Y.2d 937, 938, 329 N.Y.S.2d 325, 280 N.E.2d 98; but see, People v. Mackell, 36 N.Y.2d 964, 373 N.Y.S.2d 561, 335 N.E.2d 863, 40 N.Y.2d 59, 386 N.Y.S.2d 37, 351 N.E.2d 684). In 1976, then-Chief Judge Breitel importuned the Legislature to amend CPL 450.90 to expa......
- O'Neill v. Beisheim