THE PEOPLE &C., APPELLANT, v. QUENTIN HINTON, RESPONDENT.

81 N.Y.2d 867, 613 N.E.2d 958, 597 N.Y.S.2d 926 (1993).
March 25, 1993

2 No. 75 [1993 N.Y. Int. 51]
Decided March 25, 1993

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

Ann Bordley, for Appellant.
Natalie Rea, for Respondent.

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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]). While the order of the Appellate Division appealed from states that its reversal was based solely "on the law", this recital is not binding on this Court (see, People v Dercole, 52 NY2d 956). The reversal, while termed to be "on the law", was necessarily a determination by the Appellate Division of a mixed question of law and fact. Chief Judge Kaye and Judges Simons, Titone, Hancock, Bellacosa and Smith concur.

THE PEOPLE &C., APPELLANT, v. QUENTIN HINTON, RESPONDENT.

81 N.Y.2d 867, 613 N.E.2d 958, 597 N.Y.S.2d 926 (1993). March 25, 1993

81 N.Y.2d 867, 613 N.E.2d 958, 597 N.Y.S.2d 926 (1993).
March 25, 1993