Full text
The People of the State of New York, Appellant, v. Clifford Griffith, Also Known as Clifford Griff and Carlton Griffith, Respondent
OPINION OF THE COURT
Order reversed for reasons stated in the dissenting opinion by Mr. Justice Vincent A. Lupiano at the Appellate Division (63 AD2d 138, 143-147) and the case remitted to the Appellate Division, First Department, for determination of the facts (CPL 470.25, subd 2, par [d]; 470.40, subd 2, par [b]).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.