Opinion
Decided March 29, 1983
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, VINCENT NARO, J.
John J. Santucci, District Attorney ( David M. Berck of counsel), for appellant.
Russell C. Morea for respondent.
MEMORANDUM.
The appeal should be dismissed. Although the order of the Appellate Division recites that its determination was "on the law", a review of that court's opinion indicates that its disposition was predicated, at least in part, upon factual findings as to when the arrest occurred and whether it was supported by probable cause. Since the determination 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]), this appeal does not lie ( People v Amill, 58 N.Y.2d 967; People v McNally, 58 N.Y.2d 1029).
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), appeal dismissed in a memorandum.