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People v. Dercole

The People of the State of New York v. Dominick Dercole, William Lungarelli and Julius Cianciola

People v. Dercole, 419 N.E.2d 869 (N.Y. 1981)
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Court
New York Court of Appeals · State Highest Courts
Decided
February 12, 1981
Citations
419 N.E.2d 86952 N.Y.2d 956437 N.Y.S.2d 9661981 N.Y. LEXIS 2203
Cited by 32

Opinion of the Court

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*957 OPINION OF THE COURT

Memorandum.

The appeal should be dismissed.

The Appellate Division’s determination to reverse did not satisfy the jurisdictional predicate that it be made on the law alone or on the law and such facts which, except for the determination of law, would not have led to the reversal (CPL 450.90, subd 2). Although the order states that the reversal is on the law, the opinion reveals that it was based on the asserted repugnancy of the trial court’s verdicts, to which timely objection had not been taken.

As we made clear in People v Johnson ( 47 NY2d 124 ), a reversal by the Appellate Division based on claimed trial error to which objection is not taken presents no questions of law for appellate review in this court (see CPL 470.05, subd 2). We also gave expression to this principle in People v Cona ( 49 NY2d 26, 33-34 ) where, confronted with an Appellate Division conclusion as a matter of law that there had been preservation despite failure to object, we held, citing to Johnson (supra), that our review could proceed no further than reversal on that singular point of law and remittal to the Appellate Division to decide whether it was appropriate to treat the question within the exercise of its discretion.

In view of the dismissal thus mandated, this court, of course, has not reached the merits. It therefore goes without saying that our disposition does not reflect indorsement of the rulings contained in the opinion below (see Panico v Young, 46 NY2d 847 ).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Appeal dismissed in a memorandum.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 32 cases

View all citing references →
1981: 61982: 31983: 21984: 21985: 21986: 41987: 11988: 11989: 31993: 11995: 11998: 12004: 12006: 12008: 12011: 12012: 119812026peak 1981 · 6

Relies on it most ⓘ

  1. Rowe v. Superior Court, Judicial District of New Haven960 A.2d 256 (Conn. 2008)
  2. People v. Satloff82 A.D.2d 896 (1981)
  3. People v. Gallagher116 A.D.2d 299 (1986) · Concurring in Part, Dissenting in Part
  4. People v. Montesano445 N.E.2d 197 (N.Y. 1982)
  5. People v. Glass83 A.D.2d 590 (1981) · Concurring in Part, Dissenting in Part
  6. People v. Nieves811 N.E.2d 13 (N.Y. 2004)

Most recent

  1. People v. Riley973 N.E.2d 1280 (N.Y. 2012) · Dissent
  2. People v. Munck92 A.D.3d 63 (2011) · Dissent
  3. Rowe v. Superior Court, Judicial District of New Haven960 A.2d 256 (Conn. 2008)
  4. People v. Baumann & Sons Buses, Inc.846 N.E.2d 457 (N.Y. 2006)
  5. People v. Nieves811 N.E.2d 13 (N.Y. 2004)
  6. People v. Stewart691 N.E.2d 1024 (N.Y. 1998)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
People v. Johnson, 390 N.E.2d 764 (N.Y. 1979) 26
People v. Cona, 399 N.E.2d 1167 (N.Y. 1979) 149
Panico v. Young, 386 N.E.2d 1334 (N.Y. 1979) 7

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