PEOPLE v. PROCTOR

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. Not having raised the issue by motion to vacate or otherwise in the court of first instance, defendant's argument that there was a failure to comply with the procedures of CPL 400.20 has not been preserved for our review (People v Oliver, 63 N.Y.2d 973; People v Pellegrino, 60 N.Y.2d 636). Defendant's remaining claim is meritless.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA.