Ordered that the judgment is affirmed.
The Court of Appeals has remitted the matter to this Court for further proceedings pursuant to CPL 470.40 (2) (b) for review of the facts. The appellant has not contended that any finding of fact was against the weight of the evidence. Accordingly, and under the circumstances of this case, we decline to review the facts in the exercise of our interest of justice jurisdiction. Bracken, J.P., Rosenblatt, O'Brien and Copertino, JJ., concur.