People State New York v. Sunset Bay

Appeal dismissed. Although the order of the Appellate Division recites that the determination in that court is on the law
alone, an examination of the record and decision below leaves no doubt that the disposition there made rests upon determinations
of fact. Because the factual determinations were dispositive (i.e., led to the reversal), this appeal may not be entertained
under the recent amendment to CPL 450.90 (subd 2, par [a]).