PEOPLE v. SAUNDERS


64 N.Y.2d 665 (1984)

The People of the State of New York, Appellant, v. Gregory Saunders and Donald Linton, Respondents.

Court of Appeals of the State of New York.

Decided December 11, 1984.


Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Evan Wolfson and Barbara D. Underwood of counsel), for appellant.

Edwin Ira Schulman for respondents.

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


MEMORANDUM.

The order of the Appellate Division should be reversed and the matter remitted to it for a review of the facts (CPL 470.25, subd 2, par [d]; 470.40, subd 2, par [b]) and for consideration of questions, if any, not reached on appeal to that court.

The Appellate Division reversed these judgments against defendants on the law holding that the court's instructions to the jury denied them a fair trial. The...

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