THE PEOPLE &C., APPELLANT, v. WALTER ELAM, RESPONDENT.

80 N.Y.2d 958, 605 N.E.2d 869, 591 N.Y.S.2d 133 (1992).
October 22, 1992

1 No. 297 SSM 42
Decided October 22, 1992

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

Submitted by Karen Swiger, for Appellant.
Submitted by Caroline Rule, 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 Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur. Judge Smith took no part.

THE PEOPLE &C., APPELLANT, v. WALTER ELAM, RESPONDENT.

80 N.Y.2d 958, 605 N.E.2d 869, 591 N.Y.S.2d 133 (1992). October 22, 1992

80 N.Y.2d 958, 605 N.E.2d 869, 591 N.Y.S.2d 133 (1992).
October 22, 1992