Judgment affirmed (see Matter of Paciona v. Marshall, 35 N Y 2d 289). We would also note that the petitioner made a timely motion to dismiss the indictment allege ing illegality of the jury selection process. Appellate review of a denial of that motion, if available at all, would only be on direct appeal from a judgment of conviction if one ensued. (CPL 470.15, subd. 1; CPLR 7801, subd. 1; cf. People v. Chestnut, 26 N Y 2d 481.)

Chief Judge Bbeitel and Judges Jasen, Gabkielli, Jones, Wachtleb, Rabin and Stevens concur in Per Curiam opinion.

Judgment affirmed, without costs.