People v. Goodfriend

Kupferman, J. P.,

dissents in a memorandum as follows: I would affirm for the reasons stated by the Judge at Trial Term. Moreover, I cannot agree that the alternative issues raised by the defendant cannot be considered by this court in order to sustain the determination by the Trial Judge who set aside the verdict. (Cf. Parochial Bus Systems v Board of Educ., 60 NY2d 539.)