Opinion
Argued September 6, 1991
Decided October 15, 1991
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Michael C. Curci, J.
Richard A. Brown, District Attorney (Emil Bricker of counsel), for appellant.
David P. Greenberg and Philip L. Weinstein for respondent.
Order affirmed for so much of the memorandum at the Appellate Division ( 163 A.D.2d 495) as relates to the violation of CPL 270.30 and 310.10. There is no claim of waiver in this case (cf., People v Webb, 78 N.Y.2d 335 [decided today]).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.