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1
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OPINION
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EXTRACTED KEY WORDS
LAW RESPONDENT JUDGE DELANEY SSM INT MEMORANDUM PUBLICATION YORK REPORTS MARK DREW DUBRIN REVIEW SUBMISSIONS PURSUANT APPELLATE DIVISION LAW ALONE FACTS DETERMINATION CPL CHIEF JUDGE KAYE JUDGES SIMONS TITONE BELLACOSA SMITH LEVINE CIPARICK CONCUR |
THE PEOPLE &C., APPELLANT, v. DELANEY BEST, RESPONDENT.
87 N.Y.2d 893, 663 N.E.2d 915, 640 N.Y.S.2d 873
December 28, 1995
4 No. 343 SSM 64(1995 NY Int. 312)
Decided December 28, 1995
_________________________________________________________________
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Mark W. Pedersen, for Appellant.
Submitted by Drew R. DuBrin, for Respondent.
* * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules,
appeal dismissed upon the ground that the modification 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 *
* * modification" (CPL 450.90(2)(a)). Chief Judge Kaye and Judges
Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
SNIPPETS:
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