OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant appeals his conviction of conspiracy in the first degree arising from his alleged participation in a large-scale drug operation. On appeal he argues that the trial court erred in denying his motion for a mistrial after a “stipulation” was read to the jury stating that defendant was incarcerated from February 19, 1992 to the date of trial about two and a half years later. On this record we conclude that the trial court did not abuse its discretion as a matter of law by denying the motion for a mistrial (see, People v Robinson, 93 NY2d 986, 987-988). Defendant’s arguments with respect to the denial of his motion for severance and the Allen charge (Allen v United States, 164 US 492) are without merit. His remaining arguments are unpreserved.

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.

Order affirmed in a memorandum.