People v. Aveni

OPINION OF THE COURT

Memorandum.

The 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]).

On the night of January 12, 2009, police and emergency medical personnel arrived at the residence of defendant’s mother in response to her call. They found defendant’s girlfriend, Angela Camillo, dead of an apparent heroin overdose. While the police were still at the residence, but after Ms. Camillo’s body had…