Opinion
Argued June 5, 1972
Decided July 6, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MILTON MOLLEN, J.
Howard D. Stave and Saul L. Singer for appellants-respondents.
Eugene Gold, District Attorney ( Richard C. Laskey of counsel), for respondent-appellant.
On appeal by defendants: Appeal dismissed on the ground that the modification by the Appellate Division is not on the "law alone" (CPL 450.90, subd. 2, par. [a]; see People v. Moyer, 30 N.Y.2d 568; People v. Barcia, 30 N.Y.2d 873).
On appeal by the People: Order affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.