Order affirmed for so much of the memorandum at the Appellate Division ( 163 A.D.2d 495) as relates to the violation of CPL 270.30 and 310.10. There is no claim of waiver in this case (cf., People v Webb, 78 N.Y.2d 335 [decided today]).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.