OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed. Larcenous intent is not an element of the crime of jostling (People v Nelson, 69 NY2d 302). Defendant’s constitutional challenges are not preserved for this court’s review (see, People v Iannelli, 69 NY2d 684; People v Thomas, 50 NY2d 467, 473).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.