People v. Stevens

CourtNew York Court of Appeals
Citation104 N.Y. 667,10 N.E. 527
Decision Date01 February 1887

104 N.Y. 667
10 N.E. 527


Court of Appeals of New York.

February 1, 1887.

[104 N.Y. 668]Geo. T. Quinby, Dist. Aty., for appellant.

John Laughlin, for respondent.


[104 N.Y. 667]The order of reversal states merely that it was made on questions of law. It does not state that the court has considered the questions of fact, or exercised the discretion which the statute confers upon it. We have decided that this court will not review an order of reversal in such a case, unless it shows that the court has execised its discretionary powers. See People v. boas, 92 N. Y. 560-564;Smae v. Conroy, 97 N. Y. 62-72;Harris v. Burdett, 73 N. Y. 136. Although the court in the present case puts its decision upon a question of law, we cannot say it would not have reached the same result had it exercised its discretion, and entertained a different opinion on the question of law. The prisoner was entitled to a review of the facts, and the exercise of the discretionary power of the court, which he might lose if the case should be disposed of solely on a question of law.

The case should therefore be remitted to the general term to consider the questions of fact, and exercise its discretion.

(All concur.)



1 Reversing 38 Hun, 62.

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4 cases
  • People v. Bleakley
    • United States
    • New York Court of Appeals Court of Appeals
    • May 7, 1987
    ...of fact. They do so in both civil cases (CPLR 5501[c] ) and criminal cases (People v. Redmond, 225 N.Y. 206, 121 N.E. 785; People v. Stevens, 104 N.Y. 667, 10 N.E. 527; CPL 470.15). Indeed, this unique factual review power is the linchpin of our constitutional and statutory design intended ......
  • People v. Redmond
    • United States
    • New York Court of Appeals Court of Appeals
    • January 7, 1919
    ...58 N. E. 117;People v. Weiner, 211 N. Y. 469, 475,105 N. E. 658, Ann. Cas. 1915D, 733;People v. Conroy, 97 N. Y. 62, 72;People v. Stevens, 104 N. Y. 667, 10 N. E. 527;Harris v. Burdett, 73 N. Y. 136;Mickee v. Walter A. Wood Mowing & R. M. Co., 144 N. Y. 613, 39 N. E. 650;Wright v. Smith, 20......
  • People v. Calabur
    • United States
    • New York Court of Appeals Court of Appeals
    • May 20, 1904
    ...N. Y. 57, 58 N. E. 117;People v. Grossman, 168 N. Y. 47, 60 N. E. 1050;People v. Mitchell, 142 N. Y. 639, 36 N. E. 1051;People v. Stevens, 104 N. Y. 667, 10 N. E. 527;People v. Conroy, 97 N. Y. 62;People v. Boas, 92 N. Y. 560;Harris v. Burdett, 73 N. Y. 136. Therefore, in view of the latter......
  • Nat'l Park Bank of New York v. Whitmore
    • United States
    • New York Court of Appeals Court of Appeals
    • February 1, 1887

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