THE PEOPLE &C., APPELLANT, v. PETER THOMAS, RESPONDENT.

78 N.Y.2d 112, 575 N.E.2d 388, 571 N.Y.S.2d 902 (1991).
June 13, 1991

2 No. 121
Decided June 13, 1991

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

Hon. Carl A. Vergari, District Attorney, Westchester County, for Appellant.
Perry S. Reich, 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 Wachtler and Judges Simons, Kaye, Alexander, Hancock and Bellacosa concur. Judge Titone took no part.

THE PEOPLE &C., APPELLANT, v. PETER THOMAS, RESPONDENT.

78 N.Y.2d 112, 575 N.E.2d 388, 571 N.Y.S.2d 902 (1991). June 13, 1991

78 N.Y.2d 112, 575 N.E.2d 388, 571 N.Y.S.2d 902 (1991).
June 13, 1991