
    The People of the State of New York, Appellant, v Derrick Deacon, Respondent.
    Submitted November 19, 2012;
    decided February 14, 2013
   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 taking no part.  