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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
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1         No.   179       SSM 6
The People &c.,
                     Appellant,
          v.
William Colon,
                     Respondent.

		Submitted by Jacqueline M. Vernon, for appellant.
		Submitted by Adrienne M. Gantt, for respondent.

*   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *   * 
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[2][a]).  

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, 
Ciparick and Wesley concur.


Decided September 10, 1998