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People v. Davis

Court of Appeals of the State of New York
Sep 14, 1976
356 N.E.2d 290 (N.Y. 1976)

Opinion

Argued September 8, 1976

Decided September 14, 1976

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, EUGENE W. BERGIN, J.

Lawrence T. Kurlander, District Attorney (Michael Nelson of counsel), for appellant.

Peter L. Yellin, Public Defender (Andrew C. Fine of counsel), for respondent.


Order reversed on authority of People v Patterson ( 39 N.Y.2d 288) and the case remitted to the Appellate Division, Fourth Department, for review of the facts (CPL 470.40, subd 2, par [b]; 470.25, subd 2, par [d]). On other questions of law raised by defendant there was no prejudice, assuming error.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI and JONES. Judges WACHTLER, FUCHSBERG and COOKE concur on constraint of People v Patterson ( 39 N.Y.2d 288).


Summaries of

People v. Davis

Court of Appeals of the State of New York
Sep 14, 1976
356 N.E.2d 290 (N.Y. 1976)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SOLOMON DAVIS…

Court:Court of Appeals of the State of New York

Date published: Sep 14, 1976

Citations

356 N.E.2d 290 (N.Y. 1976)
356 N.E.2d 290
387 N.Y.S.2d 837

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People v. Wise

The defense cites People v Davis ( 49 A.D.2d 437), and People v White ( 86 Misc.2d 803). Both were reversed…