On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal dismissed upon the ground that the order of the Appellate Division is not adverse to the defendant within the meaning of CPL 450.90 (1) (see, People v Griminger, 71 NY2d 635, 641; People v Rolston, 50 NY2d 1048, 1050).