Opinion
Argued May 7, 1981
Decided June 4, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOHN J. REILLY, J.
Alan S. Axelrod and William E. Hellerstein for appellant.
Mario Merola, District Attorney (Robert Le Fevre, Alan A. Marrus and Billie Manning of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed for the reasons stated in the memorandum of that court (see, also, People v Mason, 48 N.Y.2d 896). Nor will this court take cognizance of the alleged off-the-record plea negotiations on which the defendant seeks to rely (People v Selikoff, 35 N.Y.2d 227, 242; People v Frederick, 45 N.Y.2d 520, 528).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed in a memorandum.