Opinion
Decided October 24, 1991
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Harold Silverman, J., George Donald Covington, J.
Robert T. Johnson, District Attorney (Richard Sheridan of counsel), for appellant.
Daniel M. Felber for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), appeal dismissed upon the ground that the reversal by the Appellate Division was not "on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal" (CPL 450.90 [a]).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.