People v. Behlin — 55 N.Y.2d 729

Majority

p. 729

The People of the State of New York, Respondent, v Jack Behlin, Appellant.

Decided November 24, 1981

APPEARANCES OF COUNSEL

A. Irene Elliott for appellant.

Eugene Gold, District Attorney (Norman S. Heller of counsel), for respondent.

p. 730

OPINION OF THE COURT

On summary consideration, appeal dismissed on 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, subd 2, par [a]).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.