OPINION OF THE COURT
Order affirmed for so much of the memorandum at the Appellate Division (163 AD2d 495) as relates to the violation
Page 1029
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.