People v. Holland

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed upon the ground that the reversal by the Appellate Division (74 AD3d 520 [1st Dept 2010]) was not on the law alone within the meaning of CPL 450.90 (2) (a).*

Here, the Appellate Division’s reversal of Supreme Court’s order granting suppression, while termed “on the law,” was actually predicated upon a differing view concerning the issue of attenuation, which is a mixed question of law and fact. A reversal *842on a mixed question typically does not meet the requisites of CPL 450.90 (2) (a) (see People v Mayorga, 64 NY2d 864, 865 [1985]…