THE PEOPLE &C., APPELLANT, v. ANTHONY MCCLENTON, RESPONDENT.

88 N.Y.2d 872, 668 N.E.2d 413, 645 N.Y.S.2d 442 (1996).
May 7, 1996

1 No. 133[1996 NY Int. 113]
Decided May 7, 1996

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

Art Middlemiss, for Appellant.
Jennifer L. Colyer, 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]). Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

THE PEOPLE &C., APPELLANT, v. ANTHONY MCCLENTON, RESPONDENT.

88 N.Y.2d 872, 668 N.E.2d 413, 645 N.Y.S.2d 442 (1996). May 7, 1996

88 N.Y.2d 872, 668 N.E.2d 413, 645 N.Y.S.2d 442 (1996).
May 7, 1996