Opinion
Decided September 19, 1995
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Edwin Torres, J.
Fried, Frank, Harris, Shriver Jacobson, New York City (Anthony S. Yoo of counsel), Mark Gimpel and E. Joshua Rosenkranz for appellant.
Robert M. Morgenthau, District Attorney of New York County, New York City (Robert M. Raciti 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 failed to preserve for this Court's review his argument based upon People v Bleakley ( 69 N.Y.2d 490). Defendant's remaining arguments are without merit.
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.