PEOPLE v. PETRO, 56 N.Y.2d 782 (1982)

437 N.E.2d 284, 452 N.Y.S.2d 25

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PRISTAL PETRO, Respondent.

Court of Appeals of the State of New York.Argued March 31, 1982
Decided May 18, 1982

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN R. STARKEY, J.

Page 783

Eugene Gold, District Attorney (Martha R. Hochberger an Joel M. Goldberg of counsel), for appellant.

David Samel and William E. Hellerstein for respondent.

Appeal dismissed upon the ground that the Appellate Division determination of reversal 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, subd 2, par [a]). Defendant’s challenge to the reliability of the evidence at the suppression hearing was not preserved for appellate review (People v Jenkins, 47 N.Y.2d 722; cf. People v Cona, 49 N.Y.2d 26, 33, n 2). Accordingly, the appeal must be dismissed (People v Dercole, 52 N.Y.2d 956).