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PEOPLE v. ALLENDE

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34 N.Y.3d 996 (2019)

137 N.E.3d 1091

114 N.Y.S.3d 266

2019 NY Slip Op 07523

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MARCELINO ALLENDE, Respondent.

Court of Appeals of New York.

Decided October 22, 2019.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Brent Ferguson of counsel), for appellant.

Robert S. Dean , Center for Appellate Litigation, New York City ( Megan D. Byrne of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The appeal should be dismissed, by the Court sua sponte, 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]).

"[A]n Appellate Division reversal [or modification] based on an unpreserved error is considered an exercise of the Appellate Division's interest...

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