Opinion
Argued May 7, 1976
Decided June 3, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, VITO J. TITONE, J.
Richard T. Farrell for appellant.
Eugene Gold, District Attorney (James A. Steinberg of counsel), for respondent.
Order affirmed (see, generally, People v Selikoff, 35 N.Y.2d 227, especially at p 236). The promise purportedly made was conditional and it was a matter of fact finding whether defendant breached the condition. On this record, therefore, the issue is beyond review in this court.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.