THE PEOPLE &C., APPELLANT, v. PABLO NEGRON, RESPONDENT.

90 N.Y.2d 886, 684 N.E.2d 278, 661 N.Y.S.2d 828 (1997).
July 2, 1997

This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Cristina A. Baiata, for appellant.
Respondent, precluded.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

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

Decided July 2, 1997