THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WILLIE LEE KIRBY, Respondent.

Court of Appeals of the State of New York.
Decided November 17, 1987

On review of submissions pursuant to section 500.4 of the

Page 837

Rules of the Court of Appeals (22 N.Y.CRR 500.4), 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]).

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