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THE PEOPLE &C., APPELLANT, v. JOHN T. SEAMAN, RESPONDENT.

91 N.Y.2d 954, 694 N.E.2d 881, 671 N.Y.S.2d 712 (1998).
April 7, 1998

3 No. 48

[98 NY Int. 0033]
Decided April 7, 1998


This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Debra A. Whitson, for appellant.
Michael J. Hutter, for respondent.
New York Coalition Against Sexual Assault, amicus curiae.

MEMORANDUM:

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[2][a]). Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Decided April 7, 1998