Opinion
Decided October 28, 1975
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
William J. Gallagher for appellant.
Order of the Court of Appeals dated October 16, 1975 assigning counsel hereby vacated and the appeal dismissed by the Court of Appeals sua sponte upon the ground that the reversal at the Appellate Division was not on the law alone (CPL 450.90, subd 2, par [a]).