THE PEOPLE & C., APPELLANT, v. HARVEY POSNER, A/K/A HARVEY POSSNER, RESPONDENT,

88 N.Y.2d 1007, 672 N.E.2d 599, 649 N.Y.S.2d 374 (1996).
September 12, 1996

2 No. 282 SSM 26 [1996 NY Int. 173]
Decided September 12, 1996

This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Jane S. Meyers, for Appellant.
Submitted by Roger Bennet Adler, 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.

Decided September 12, 1996

THE PEOPLE & C., APPELLANT, v. HARVEY POSNER, A/K/A HARVEY POSSNER, RESPONDENT,

88 N.Y.2d 1007, 672 N.E.2d 599, 649 N.Y.S.2d 374 (1996). September 12, 1996

88 N.Y.2d 1007, 672 N.E.2d 599, 649 N.Y.S.2d 374 (1996).
September 12, 1996