Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, John Byrne, J. Robert T. Johnson, District Attorney (Stanley R. Kaplan of counsel), for appellant.
Amy Donner and Philip L. Weinstein 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. Under the facts and circumstances of this case, the People's contention with respect to sentencing was not advanced at a time sufficient to preserve the issue for this Court's review.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA.