Opinion
Argued May 24, 1988
Decided June 2, 1988
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Burton Roberts, J.
Ira Mickenberg for appellant.
Robert M. Morgenthau, District Attorney (Ann M. Donnelly of counsel), for respondent.
Order reversed and case remitted to the Appellate Division, First Department, for a de novo consideration of the defendant's appeal. That court erred in holding that there were no nonfrivolous points which could be raised on the appeal. It is noted that the People commendably concede that there should be a reversal and remission to the Appellate Division.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.