People v. Rivera (54 N.Y.2d 1021, 1981)

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] ; People v Lucas, 53 NY2d 678, 682; cf. People v Albro, 52 NY2d 619).