THE PEOPLE &C., APPELLANT, v. IRA L. MCCULLARS, RESPONDENT.

80 N.Y.2d 800, 599 N.E.2d 689, 587 N.Y.S.2d 285 (1992).
June 9, 1992

3 No. 215 SSM 30
Decided June 9, 1992
This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Submitted by John E. Maney, for Appellant.
Submitted by Jeanne M. Heran, for Respondent.

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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 Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur.