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

1           No.   177       SSM 5
The People &c.,
Kushon Powell,

		Submitted by Rahul Kale, for appellant.
		Submitted by Bernard J. Kahn, for respondent.

*   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *   * 
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 August 27, 1998