PEOPLE v. KHALEK

Ordered that the order is affirmed.

The Court of Appeals has remitted the matter to this Court for review of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b). However, as the defendant's conviction was set aside by the trial court, he has not contended that the jury verdict was against the weight of the evidence, nor have the People raised any issues of fact. Under these circumstances, we decline to review the facts in the exercise of our interest of justice jurisdiction ( see, People v. Colon, 246 A.D.2d 604; People v. Butler, 212 A.D.2d 540).

Sullivan, J.P., Krausman, Florio and McGinity, JJ., concur.