Opinion
Argued September 8, 1989
Decided September 21, 1989
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Richard Lee Price, J.
John Gemmill and Philip L. Weinstein for appellant.
Robert T. Johnson, District Attorney (Anne M. Schaible and Peter D. Coddington of counsel), for respondent.
Order affirmed. The issues relating to defendant's sentence as a second crime offender are moot, and the remaining issue is not preserved.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.