People v. Swinson — 74 N.Y.2d 882

Majority

p. 882

The People of the State of New York, Respondent, v David Swinson, Appellant.

Argued October 13, 1989;

decided October 26, 1989

p. 883

APPEARANCES OF COUNSEL

Sarah Berger and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Donald J. Siewert and Ellyn Polshek of counsel), for respondent.

OPINION OF THE COURT

Order affirmed. The only issue presented on appeal was not preserved for review by this court (see, CPL 470.05 [2]).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.