People v. Stewart

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed.

The Appellate Division’s reversal was based on that Court’s independent weighing and factual evaluation of the particular circumstances presented with reference to the 10 statutory factors for a dismissal of an indictment in the furtherance of justice (see, CPL 210.40 [1] [a]-[j]; People v Clayton, 41 AD2d 204; see also, People v Beige, 41 NY2d 60). Thus, the Appellate Division’s determination to reverse does not satisfy the jurisdictional predicate that it be made "on the law alone or upon the law and such facts which, but for the…