Order affirmed for reasons stated in the memorandum at the Appellate Division ( 229 A.D.2d 304), noting additionally that the defendant's appellate delay contention is not a matter properly presented to this Court ( see, CPL 470.15; 470.35 [2] [a]).
Concur: Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY.