
    The People of the State of New York, Appellant, v Michael Santana, Respondent.
    Argued September 6, 1991;
    decided October 15, 1991
    
      APPEARANCES OF COUNSEL
    
      Richard A. Brown, District Attorney (Emil Bricker of counsel), for appellant.
    
      David P. Greenberg and Philip L. Weinstein for respondent.
   OPINION OF THE COURT

Order affirmed for so much of the memorandum at the Appellate Division (163 AD2d 495) as relates to the violation of CPL 270.30 and 310.10. There is no claim of waiver in this case (cf., People v Webb, 78 NY2d 335 [decided today]).

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