Appeal — Court of Appeals cannot review order of Appellate Division reversing a judgment of conviction and ordering a new trial where such order of reversal is silent as to the court’s decision on the facts.
People v. Radcliffe, 194 App. Div. 946, appeal dismissed.
(Submitted June 8, 1921;
decided July 14, 1921.)
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 17, 1920, which reversed a judgment of the Albany County Court, rendered upon a verdict convicting the defendants of the crime of robbery in the first degree and granted a new trial.
Timothy E. Roland, District Attorney (John J. Conway, Jr., of counsel), for appellant.
Joseph L. Delaney for respondents.
Appeal dismissed but without prejudice to an application to the Appellate Division for amendment and resettlement of its order by stating its decision on the facts on the authority of People v. Redmond (225 N. Y. 206).
Concur: His cock, Ch. J., Hogan, Pound, McLaugh- • lin, Crane and Andrews, JJ. Deceased: Chase, J. •
231 N.Y. 634
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