Opinion
Argued November 19, 1981
Decided December 17, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOEL TYLER, J.
Robert S. Dean and William E. Hellerstein for appellant.
Mario Merola, District Attorney ( Stuart L. Sanders, Steven R. Kartagener and Timothy J. McGinn of counsel), for respondent.
Order affirmed for the reasons stated in the memorandum of the Appellate Division ( 79 A.D.2d 539) insofar as it determined that defendant's claim of selective and vindictive prosecution was forfeited by his plea of guilty.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.