
    The People of the State of New York, Respondent, v Michael J. Murello, Appellant.
    Argued May 7, 1976;
    decided June 3, 1976
    
      Richard T. Farrell for appellant.
    
      Eugene Gold, District Attorney (James A. Steinberg of counsel), for respondent.
   Order affirmed (see, generally, People v Selikoff, 35 NY2d 227, especially at p 236). The promise purportedly made was conditional and it was a matter of fact finding whether defendant breached the condition. On this record, therefore, the issue is beyond review in this court.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  