OPINION OF THE COURT
Order affirmed for reasons stated in the memorandum at the Appellate Division (229 AD2d 304), noting additionally that the defendant’s appellate delay contention is not a matter properly presented to this Court (see, CPL 470.15 [1]; 470.35 [2] [a]). Concur: Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Cipaeick and Wesley.