THE PEOPLE &C., APPELLANT, v. ABRAHAM RIVERA, RESPONDENT.

81 N.Y.2d 758, 610 N.E.2d 383, 594 N.Y.S.2d 740 (1992).
December 22, 1992

1 No. 305 SSM 58
Decided December 22, 1992

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

Submitted by Nancy D. Killian, for Appellant.
Submitted by Richard F. Ziegler, 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]). Acting Chief Judge Simons and Judges Kaye, Titone, Hancock, Bellacosa and Smith concur.

THE PEOPLE &C., APPELLANT, v. ABRAHAM RIVERA, RESPONDENT.

81 N.Y.2d 758, 610 N.E.2d 383, 594 N.Y.S.2d 740 (1992). December 22, 1992

81 N.Y.2d 758, 610 N.E.2d 383, 594 N.Y.S.2d 740 (1992).
December 22, 1992