PEOPLE v. KEY, 54 N.Y.2d 813 (1981)

427 N.E.2d 949, 443 N.Y.S.2d 652

Court of Appeals of the State of New York.
Decided September 22, 1981

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MICHAEL J. DONTZIN, J.

Page 814

Milton M. Rosenberg for appellant.

Robert M. Morgenthau, District Attorney, for respondent.

Appeal dismissed by the court sua sponte. Although the order of the Appellate Division states that the reversal was “on the law”, a review of the opinions rendered by that court reveals that its disposition was predicated upon a new finding of fact. Because the new determination of fact, rather than any determination of law, led to the reversal, this appeal does not lie (CPL 450.90, subd 2, par [a]; see, e.g., People v Bay, 54 N.Y.2d 808, decided herewith).