THE PEOPLE &C., RESPONDENT, v. MANUEL CARMONA, APPELLANT.

85 N.Y.2d 960, 651 N.E.2d 916, 628 N.Y.S.2d 48 (1995).
May 4, 1995

1 No. 194 SSM 23 [1995 NY Int. 110]
Decided May 4, 1995

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

 Submitted by Susan J. Horwitz, for Appellant.
Submitted by Hilary Hassler, 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 Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.