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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.   131
The People &c.,
                     Appellant,
          v.
Patrick Griffin,
                     Respondent.


		Peter Hinckley, for appellant.
		Richard E. Mischel, 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 Bellacosa, Smith, Ciparick, Wesley and Rosenblatt concur.
Judge Levine took no part.

Decided June 10, 199