THE PEOPLE &C., APPELLANT, v. DELANEY BEST, RESPONDENT.

87 N.Y.2d 893, 663 N.E.2d 915, 640 N.Y.S.2d 873
December 28, 1995

4 No. 343 SSM 64[1995 NY Int. 312]
Decided December 28, 1995

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

Submitted by Mark W. Pedersen, for Appellant.
Submitted by Drew R. DuBrin, for Respondent.

* * * * * * * * * * * * * * * *

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.

THE PEOPLE &C., APPELLANT, v. DELANEY BEST, RESPONDENT.

87 N.Y.2d 893, 663 N.E.2d 915, 640 N.Y.S.2d 873 December 28, 1995

87 N.Y.2d 893, 663 N.E.2d 915, 640 N.Y.S.2d 873
December 28, 1995