Summary
In People v. Merrill (87 NY2d 948, 949), the Court of Appeals reversed the Appellate Division, and reinstated the conviction of the defendant, "for the reasons stated in the dissenting memorandum at the Appellate Division."
Summary of this case from People v. SmithOpinion
Argued January 11, 1996
Decided February 15, 1996
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Patricia D. Marks, J.
Howard R. Relin, District Attorney of Monroe County, Rochester (Wendy Evans Lehmann of counsel), for appellant.
Edward J. Nowak, Public Defender of Monroe County, Rochester (Drew R. DuBrin of counsel), for respondent.
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 A.D.2d 987, 988).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.