People v. Riley

OPINION OF THE COURT

Memorandum.

On defendant Louis Riley’s appeal, the order, insofar as appealed from, should be affirmed. The People’s appeal should be 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]).

A few months before trial, the copper pipes defendant was accused of stealing were returned to their rightful owner without the notice to defendant required by Penal Law § 450.10. Defendant argues that the…