Opinion
Decided May 6, 2004.
Before: Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur.
On defendant's appeal, order, insofar as appealed from, affirmed. People's appeal dismissed upon the ground that the modification 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 . . . modification" (CPL 450.90[a]).