People v. Fava, 445 N.E.2d 645 (N.Y. 1983). · Go Syfert
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People v. Fava, 445 N.E.2d 645 (N.Y. 1983). Cases Citing This Book View Copy Cite
6 citation events (2 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Daria N. Epakchi, 169 N.E.3d 931 (N.Y. 2021)
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58 N.Y.2d at 808 cited at this page1 citing case
  • People v. Daria N. Epakchi, 169 N.E.3d 931 (N.Y. 2021).published
    We are not, nor can we review such exercises by the intermediate appellate courts (see People v Fava, 58 NY2d 807, 808 [1983]).
The People of the State of New York
v.
Pasquale Fava, Also Known as Patsy Fava
New York Court of Appeals.
Jan 18, 1983.
Published opinion
445 N.E.2d 645
1983 N.Y. LEXIS 2811
APPEARANCES OF COUNSEL, Donald, O. Chesworth, Jr., District Attorney (Kenneth R. Fisher of counsel), for appellant., Alfred P. Kremer for respondent.
Cited by 5 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed.

The reversal at the Appellate Division was based on that court’s determination that the charge to the jury with reference to defendant’s unexplained flight from the police officers was erroneous. Inasmuch, however, as defendant’s exception to the charge was not adequate to preserve that issue for appellate review, the determination at the Appellate Division was necessarily made as a matter of discretion in the interest of justice (CPL 470.15, subd 3, par [c]) and thus is not appealable to our court (CPL 450.90, subd 2, par [a]; People v Dercole, 52 NY2d 956).

Appeal dismissed in a memorandum.