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. Under the facts and circumstances of this case, the People’s contention with respect to sentencing was not advanced at a time sufficient to preserve the issue for this Court’s review.

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