THE PEOPLE &C., APPELLANT, v. ALBERTO BARRIERA, RESPONDENT.
81 N.Y.2d 1040, 616 N.E.2d 1102, 600 N.Y.S.2d
1 No. 197 SSM 19 [1993 N.Y. Int. 123]
June 8, 1993
Decided June 8, 1993
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Rochelle S. Berliner, for Appellant.
Submitted by Diana L. Fogle, for Respondent.
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On review of submissions pursuant to section 500.4 of the Rules, 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]). Chief Judge Kaye and Judges Simons, Titone, Hancock, Bellacosa and Smith concur.