PEOPLE v. BROWN

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 for the reasons stated in the memorandum at the Appellate Division ( 109 A.D.2d 1091) except insofar as that court, in the exercise of its discretion, passed upon issues not preserved for our review.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.