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THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. THOMAS EDWARD GREENE, Respondent.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), appeal dismissed. The Appellate Division's disposition was predicated upon a factual determination concerning the fruits of an illegal arrest ( see, People v King, 61 N.Y.2d 969). Because the determination was not "upon the law and such facts which, but for the determination of law, would not have led to reversal" (CPL 450.90 [a]), an appeal to this court does not lie.

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PEOPLE v. GREENE
(Feb 12, 1985)