PEOPLE v. JOHNSON, 61 N.Y.2d 656 (1983)

472 N.Y.S.2d 87, 460 N.E.2d 228

Court of Appeals of the State of New York.
Decided December 20, 1983

Page 657

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MORRIS SCHWALB, J., HERBERT I. ALTMAN, J.

Robert M. Morgenthau, District Attorney (Michael H. Warren
of counsel), for appellant.

William E. Hellerstein and Jill F. Moscowitz for respondent.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 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 (se People v Creech, 60 N.Y.2d 895).

Page 658

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.