Decided October 27, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, RICHARD G. DENZER, J.
Wayne Brody for appellant. Robert M. Morgenthau, District Attorney ( Debora K. Grobman of counsel), for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed for the reasons stated in so much of the memorandum of the Appellate Division ( 96 A.D.2d 765) as discusses the retroactivity of the new sentencing provisions.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.