
    The People of the State of New York, Respondent v William Phears, Appellant.
    Argued May 5, 1981;
    decided June 4, 1981
    
      APPEARANCES OF COUNSEL
    
      John Joseph Sutter and Ruth C. Balkin for appellant.
    
      Denis Dillon, District Attorney (Judith R. Sternberg and William C. Donnino of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s contentions other than that based upon collateral estoppel are either not preserved or without merit. As to that argument, it is sufficient to quote People v Lo Cicero (14 NY2d 374, 380): “Since the State of New York was not a party to the Federal prosecution and had no control of that case, collateral estoppel may not be urged against it.”

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.  