Opinion
Decided October 16, 1986
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Joseph Harris, J.
Anthony J. Murphy for appellant.
Sol Greenberg, District Attorney (Paul A. Clyne of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed. Defendant's arguments based upon People v Bethea ( 67 N.Y.2d 364) are not preserved. The other issues raised are without merit.
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.