Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5) (see, People v Prochilo, 41 N.Y.2d 759; People v Ingle, 36 N.Y.2d 413; People v Cantor, 36 N.Y.2d 106; People v Brown, 116 A.D.2d 727, 729; People v Belton, 55 N.Y.2d 49; People v Brnja, 50 N.Y.2d 366). Mangano, J.P., Thompson, Brown and Sullivan, JJ., concur.