Order affirmed (see, generally, People v Selikoff, 35 NY2d 227, especially at p 236). The promise purportedly made was conditional and it was a matter of fact finding whether defendant breached the condition. On this record, therefore, the issue is beyond review in this court.

*880Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.