THE PEOPLE &C., APPELLANT, v. ANGEL SANTIAGO, RESPONDENT.

80 N.Y.2d 917, 602 N.E.2d 1118, 589 N.Y.S.2d 302 (1992).
September 17, 1992

1 No. 295 SSM 44
Decided September 17, 1992
This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Stanley R. Kaplan, for Appellant.
Submitted by Amy Donner, for Respondent.

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On review of submissions pursuant to section 500.4 of the Rules, order affirmed. Under the facts and circumstances of this case, the People's contention with respect to sentencing was not advanced at a time sufficient to preserve the issue for this Court's review. Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur.