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THE PEOPLE & C., APPELLANT, v. JEFFERIE RICHARDSON, RESPONDENT.

89 N.Y.2d 933, 677 N.E.2d 283, 654 N.Y.S.2d 712 (1997).
January 9, 1997

1 No. 88 SSM 32 [1997 NY Int. 1]
Decided January 9, 1997

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

Submitted by James D. Gibbons, for Appellant.
Submitted by Cyrus Benson III, for Respondent.

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

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 Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Decided January 9, 1997