Opinion
Decided October 10, 1991
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Eugene M. Hanofee, J.
John Ferrara and Carl J. Silverstein for appellant.
Stephen F. Lungen, District Attorney (K.C. Garn of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed for the reasons stated in the memorandum at the Appellate Division ( 169 A.D.2d 939), except insofar as it addresses defendant's assertion that his sentence was excessive, which contention is beyond the scope of this Court's power of review.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.