People v. West

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LINCOLN WEST, Appellant

Court: Court of Appeals of the State of New York

Date published: Apr 7, 1982

56 N.Y.2d 637 (N.Y. 1982)

450 N.Y.S.2d 785

436 N.E.2d 191

Opinion

Decided April 7, 1982

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH R. CORSO, J.

David Samel and William E. Hellerstein for appellant.

Elizabeth Holtzman, District Attorney ( Stephen D. Anderson of counsel), 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 [b]), order reversed for the reasons stated in the dissenting memorandum by former Justice JAMES D. HOPKINS at the Appellate Division and the indictment dismissed (see People v Burwell, 53 N.Y.2d 849).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.