THE PEOPLE &C., , APPELLANT v. JUAN CORPORAN A/K/A JUAN CORPORAM, RESPONDENT.

86 N.Y.2d 809, 656 N.E.2d 593, 632 N.Y.S.2d 494
September 7, 1995

1 No. 318 SSM 46 [1995 NY Int. 195] Decided September 7, 1995
This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Rona Feinberg, for appellant.
Submitted by Jerome H. Diamond, 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 modification 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 * * * modification" (CPL 450.90[2][a]). Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

Decided September 7, 1995