People State New York v. Thomas Hogya

Although the order of the Appellate Division recites that the reversal was "on the law", a review of the opinion rendered by that court reveals that its disposition was predicated, at least in part, upon a new factual finding concerning defendants intent to abandon his jacket. Because reversal 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.