PEOPLE v. DIAZ

Order affirmed for reasons stated in the majority memorandum at the Appellate Division ( 77 A.D.2d 523). We additionally note that defendant's claim that the Assistant District Attorney who tried this case should not have been permitted to do so was not preserved for review.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.