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91 N.Y.2d 900, 691 N.E.2d 1024, 668 N.Y.S.2d 1000 (1998).
February 11, 1998

1 No. 3

[98 NY Int. 0005]
Decided February 11, 1998

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

Stanley L. Cohen, for appellant.
Mark Dwyer, for respondent.
Association of the Bar of the City of New York; New
York State District Attorneys Association, amici curiae.


The appeal should be dismissed.

The Appellate Division's reversal was based on that court's independent weighing and factual evaluation of theparticular circumstances presented with reference to the ten statutory factors for a dismissal of an indictment in the furtherance of justice (see, CPL 210.40 [1][a] [j]; People v Clayton, 41 AD2d 204; see also, People v Belge, 41 NY2d 60). Thus, the Appellate Division's determination to reverse does not satisfy the jurisdictional predicate that it be made "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]).

In view of the mandated dismissal for a threshold jurisdictional impediment, this Court has no authority to address the issue of "shadow counsel," argued by the parties. As we have previously made clear, a dismissal by this Court has no precedential value on the merits, and "does not reflect indorsement of the rulings" by any of the courts in the various proceedings below (see, People v Montesano, 58 NY2d 736, 738; People v Dercole, 52 NY2d 956, 957).

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

Appeal dismissed, in a memorandum. Chief Judge Kaye and Judges Titone, Bellacosa, Levine, Ciparick and Wesley concur. Judge Smith took no part.

Decided February 11, 1998