Opinion
Decided February 12, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Raymond E. Aldrich, Jr., J.
William V. Grady, District Attorney ( Bridget Rahilly Steller of counsel), for appellant.
Martin A. Charwat for 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.