Opinion
Decided April 30, 1992
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Edward A. Baker, J.
Alfred O'Connor and Matthew Muraskin for appellant.
Denis Dillon, District Attorney (Alexis Kriedman 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. Not having raised the issue by motion to vacate or otherwise in the court of first instance, defendant's argument that there was a failure to comply with the procedures of CPL 400.20 has not been preserved for our review (People v Oliver, 63 N.Y.2d 973; People v Pellegrino, 60 N.Y.2d 636). Defendant's remaining claim is meritless.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA.