
    The People of the State of New York, Appellant, v Sunset Bay, Respondent.
    Argued September 11, 1981;
    decided September 22, 1981
    
      APPEARANCES OF COUNSEL
    
      Mario Merola, District Attorney (Peter D. Coddington, Timothy J. McGinn and Alan D. Marrus of counsel), for appellant.
    
      Joseph A. Phillips and Tedd Blecher for respondent.
   OPINION OF THE COURT

Memorandum.

Appeal dismissed. Although the order of the Appellate Division recites that the determination in that court is on the law alone, an examination of the record and decision below leaves no doubt that the disposition there made rests upon determinations of fact. Because the factual determinations were dispositive (i.e., led to the reversal), this appeal may not be entertained under the recent amendment to CPL 450.90 (subd 2, par [a]).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Appeal dismissed in a memorandum.  