Opinion
Argued September 18, 1981
Decided October 27, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD BIRNS, J.
Donald E. Nawi for appellant.
Robert M. Morgenthau, District Attorney (Marc Frazier Scholl and Mark Dwyer of counsel), for respondent.
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.