Reported below,
96 A.D.3d 965, 946 N.Y.S.2d 613.
Motion to dismiss appeal granted and the 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[2][a] ). Judge RIVERA took no part.