OPINION OF THE COURT
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]).
Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Jones. Judge Pigott dissents and votes to reverse in an opinion.