Order affirmed. For the reasons stated by the Appellate Division ( 248 A.D.2d 630), defendant's sentence was correctly vacated and the matter remitted for further proceedings to Supreme Court. Defendant's remaining contentions are either unreviewable or without merit. Chief Judge Kaye and Judges Bellacosa, Smith, Ciparick, Wesley and Rosenblatt concur. Judge Levine took no part.