This court may entertain an appeal from an order of the Appellate Division reversing a judgment of conviction and ordering a new trial only if such reversal be on the *759law alone. (See People v. Moskowitz, 289 N. Y. 69; People v. Redmond, 225 N. Y. 206, 208; see, also, Cohen and Karger, Powers of the New York Court of Appeals, p. 754.) In the case before us, the order explicitly recites that the reversal was “ on the facts ”, as well as on the law, and, accordingly, we have no alternative but to dismiss the appeal.

The appeal should be dismissed.

Appeal dismissed.