PEOPLE, & C., RESPONDENT, v. DEAN LESTER, APPELLANT.

89 N.Y.2d 1081, 681 N.E.2d 1300, 659 N.Y.S.2d 853 (1997).
May 13, 1997

2 No. 108 [1997 NY Int. 86]
Decided May 13, 1997

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

Russell C. Morea, for Appellant.
Linda Cantoni, for Respondent.

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

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 May 13, 1997

PEOPLE, & C., RESPONDENT, v. DEAN LESTER, APPELLANT.

89 N.Y.2d 1081, 681 N.E.2d 1300, 659 N.Y.S.2d 853 (1997). May 13, 1997

89 N.Y.2d 1081, 681 N.E.2d 1300, 659 N.Y.S.2d 853 (1997).
May 13, 1997