People v. Johnson

Court: New York Court of Appeals
Date filed: 1983-12-20
Citations: 61 N.Y.2d 656, 472 N.Y.S.2d 87, 460 N.E.2d 228, 1983 N.Y. LEXIS 3611
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Combined Opinion

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, conviction reinstated and case remitted to the Appellate Division, First Department, so that it may consider any questions of fact and whether to exercise its discretion (see People v Creech, 60 NY2d 895).

*658 Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.